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Mealey's Construction Defects

  • June 7, 2018

    Couple Can Pursue Breach Of Contract Claim Over Shingles, Cabinets, Judge Says

    CHICAGO — A couple seeking to lead a putative class action suit against the builder of 46 homes can pursue claims for breach of contract over the defendant company’s use of 25-year shingles and wood veneer cabinets, a federal judge in Illinois ruled June 6, holding that the materials were not of the same substantial quality as those promised in purchase agreement (Paul Smith, et al. v. NVR Inc., No. 17 C 8328, N.D. Ill., 2018 U.S. Dist. LEXIS 94712).

  • June 6, 2018

    Insureds, Insurer Accuse Contractor Of Faulty Work On Solar Panel System

    WILMINGTON, Del. — Homeowners and their insurer filed an amended complaint on June 1 in a Delaware trial court against a general contractor allegedly responsible for the defective installation of a solar panel system for their home (Domenic P. DiStefano, et al. v. KW Solar Solutions Inc., et al., No. N16C-11-015, Del. Super.).

  • May 31, 2018

    Magistrate Recommends Denying Remand Of Suit Seeking To Vacate Arbitration Award

    WILMINGTON, Del. — A federal judge in Delaware on May 29 recommended denying a couple’s motion to remand their lawsuit seeking to vacate or amend a $17,500 arbitration award they obtained from their home warranty provider and its insurer, finding that complete diversity exists between the parties and that the plaintiffs do not state the amount in controversy in their complaint (Jason Jones, et al. v. Home Buyers Warranty, et al., No. 17-773-JFB,SRF, D. Del., 2018 U.S. Dist. LEXIS 88908).

  • May 30, 2018

    California Panel Overturns Ruling Enforcing Settlement Of Defective Windows Suit

    SAN FRANCISCO — A California trial court erred when granting a plaintiff’s motion to enforce the terms of a settlement agreement with the manufacturer of allegedly defective windows, a state appeals panel ruled May 24, holding that none of the settling parties had consented to the agreement in court or in a signed writing as required by California law (Theresa Teuma v. Marvin Lumber & Cedar Co., et al., No. A149733, Calif. App., 1st Dist., 2nd Div., 2018 Cal. App. Unpub. LEXIS 3631).

  • May 30, 2018

    Homeowners’ Defects Claims Are Subject To Arbitration, Nevada High Court Says

    CARSON CITY, Nev.— Construction defects claims brought by 49 homeowners against the entities that developed their homes are subject to arbitration, the Nevada Supreme Court ruled May 24, holding that arbitration provisions in the sales agreements are enforceable under the Federal Arbitration Act (FAA) and conscionable under Nevada law (U.S. Home Corp., et al. La Harris, et al., No. 68025, Nev. Sup., 2018 Nev. Unpub. LEXIS 460).

  • May 29, 2018

    Nevada High Court Reinstates Association’s Negligence Claim Against Contractor

    CARSON CITY, Nev. — The Nevada Supreme Court on May 24 overturned a lower court judge’s ruling awarding summary judgment to a general contractor on a homeowners’ association’s negligence claim, holding that it is unclear if an expert’s report adequately disclosed defects in the construction of the condominium complex when it was sold by the developer to the declarant (Regent at Town Centre Homeowners’ Association v. Oxbow Construction LLC, Nos. 69777, 70296, Nev. Sup., 2018 Nev. Unpub. LEXIS 462).

  • May 25, 2018

    Association Sues Engineer, Subcontractor For Faulty Decking Installation

    TRENTON, N.J. — A condominium association on May 11 filed a lawsuit in New Jersey state court accusing an engineering firm and a contractor hired to replace breezeway decking of failing to properly install the new decking material despite the engineer’s knowledge that quarter-inch sloping was needed underneath the new material to prevent water from pooling on the deck surface (Lawrence Square Village II Condominium Association v. Kipcon Inc., et al., No. MER-L-001038-18, N.J. Super., Mercer Co.).

  • May 24, 2018

    Judge: Construction Contract Contained Start Date Of Defects Claim

    DOVER, Del. — A Delaware judge on May 22 awarded summary judgment to a general contractor accused of defectively constructing a group home for adults with cerebral palsy, finding that the suit was barred by the three-year statute of limitations because the construction contract stated when any possible claims would begin to accrue (Black Diamond Hope House Inc., et al. v. U&I Investments LLC, et al., No. K15C-12-034 JJC, Del. Super., Kent Co.).

  • May 24, 2018

    Couple Accuses Contractor Of Faulty Foundation Work When Building Addition

    GEORGETOWN, Del. — A couple sued the general contractor they hired to build an addition on their Rehoboth Beach, Del., home in Delaware state court on May 22, claiming that the builder’s negligence when installing the foundation, footers and framing have caused the structure to pull away from the existing home (Dennis Runsten, et al. v. Burton Builders LLC, No. S18C-05-025, Del. Super., Sussex Co.).

  • May 23, 2018

    Window Installer Says No Evidence Links His Work To Water Intrusion

    WILMINGTON, Del. — A subcontractor who installed the windows in a man’s home says in a May 18 motion for summary judgment filed in Delaware state court that there is no evidence that his work caused water intrusion that has prevented a man from selling his home (Gary Loh v. Muirfield Associates LLC, et al., No. N16C-09-234, Del. Super., New Castle Co.).

  • May 22, 2018

    Roofing Subcontractor Can Face Gross Negligence Claims, Judge Rules

    BEAUFORT, S.C. — A federal judge in South Carolina held that a roofing subcontractor can face a general contractor’s third-party claim of gross negligence for moisture intrusion that occurred at a golf clubhouse and community clubhouse due to a lack of flashing because there is evidence that there is evidence that the subcontractor supplied roofing material and flashing (Hampton Hall LLC v. Chapman Coyle Chapman & Associates Architects AIA Inc., et al., No. 17-1575-RMG, D. S.C., 2018 U.S. Dist. LEXIS 84502).

  • May 18, 2018

    Defective Shingles Caused Leaks, Kitchen Damage, Couple Complains

    CLEVELAND — An Ohio couple filed a lawsuit in state court on May 16 against the maker of shingles that were installed on their home, claiming that they were defective because they allowed the roof to leak, causing damage to their kitchen (Blanche Forman, et al. v. IKO Industries Inc., No. CV 18 897861, Ohio Comm. Pls., Cuyahoga Co.).

  • May 17, 2018

    Association Cannot Pursue Defects Claims Against Subcontractors, Judge Says

    HARTFORD, Conn. — A Connecticut judge on April 20 dismissed a homeowners association’s claims against four subcontractors accused of construction defects, finding that it lacked standing because the subcontractors were not provided with proper presuit notification (Sherwood Falls Homeowners Association Inc. v. CIL Development of Kensington Inc., et al., No. X07HHDCV166086133S, Conn. Super., Hartford Dist., 2018 Conn. Super. LEXIS 805).

  • May 17, 2018

    Plaintiffs Voluntarily Dismiss Appeal Over Dismissal Of Dimensional Lumber Suit

    CHICAGO — Two men who claimed that a federal judge in Illinois erred when dismissing their class action lawsuit accusing Menard Inc. of violating the Illinois Consumer Fraud Act (ICFA) by selling lumber with deceptive labels about the product’s dimensions dismissed their appeal in the Seventh Circuit U.S. Court of Appeals on May 7 (Michael Fuchs, et al. v. Menard Inc., No. 17-3260, 7th Cir.).

  • May 16, 2018

    Washington Appeals Court Panel Finds Association’s Defects Suit Timely

    SEATTLE — A trial court judge’s ruling awarding summary judgment to a developer’s successor based on the statute of limitations was reversed May 14 by a Washington appeals panel that found that a condominium association’s lawsuit under the Washington Condominium Act (WCA) was filed within the four-year statute of limitations because the declarant controlled the association until 2014 (Burien Town Square Condominium Association v. Burien Town Square Parcel 1 LLC, et al., No. 76502-7-I, Wash. App., 1st Div., 2018 Wash. App. LEXIS 1137).

  • May 15, 2018

    Pella Removes Suit Over Leaky Windows, Cites Diversity, Excessive Damages

    ALLENTOWN, Pa. — Pella Corp. says in a May 11 notice of removal that a man’s state court lawsuit over windows and doors that were allegedly defective because they leaked belongs in federal court in Pennsylvania because he is seeking damages in excess of the $75,000 jurisdictional threshold and because complete diversity exists between the parties (Edward Melhem v. Pella Corp., et al., No. 18-cv-2007, E.D. Pa.).

  • May 15, 2018

    Judge Finds Couple Learned Of Window Defect In 2015, Finds Claims Timely

    BATON ROUGE, La. — A couple’s redhibition claim stating that windows manufactured by Jeld-Wen Inc. that were installed in their home are defective is not prescribed by the statute of limitations, a federal judge in Louisiana ruled May 11, because they did not learn about the alleged defect until 2015 (Ronald Leo, et al. v. Jeld-Wen Inc., No. 16-00605-BAJ-EWD, M.D. La., 2018 U.S. Dist. LEXIS 80179).

  • May 15, 2018

    Homeowners’ Defects Suits Subject To Arbitration, Nevada High Court Rules

    CARSON CITY, Nev. — The Nevada Supreme Court on May 10 reversed two rulings denying U.S. Home Corp.’s motion to compel arbitration, finding that the arbitration provisions in sales agreements and covenants, conditions and restrictions (CC&Rs) between the builder and buyer are enforceable under the Federal Arbitration Act (FAA) (U.S. Home Corp. v. Miguel Medina, et al., No. 64604, Nev. Sup., 2018 Nev. Unpub. LEXIS 400).

  • May 14, 2018

    Release Requires Contractor To Indemnify Lumber Liquidators, Judge Finds

    PROVIDENCE, R.I. — A release agreement between a general contractor and Lumber Liquidators Inc. resolving warranty claims stemming from bamboo flooring that buckled due to the lack of expansion spaces requires the contractor to indemnify the company for allegations brought by the developer of a condominium complex, a Rhode Island trial court judge ruled May 10, finding that terms of the release are unambiguous and enforceable (Providence Capital LLC v. Lumber Liquidators Inc., et al., No. PC-2015-0995, R.I. Super., Providence Co., 2018 R.I. Super. LEXIS 48).

  • May 14, 2018

    Woman: Contractor’s Defects Left Home Uninhabitable For Over 2 Years

    PATTERSON, N.J. — A New Jersey woman sued a contractor in state court on May 4 complaining that his breach of a construction contract and failure to perform work pursuant to architectural designs caused the home to be uninhabitable for over two years (Dori La Cap v. Peco Nikoloski, et al., No. PAS-L-001462-18, N.J. Super., Passaic Co.).