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Mealey's Construction Defects

  • May 31, 2024

    California Appeals Court Upholds Settlement Enforcement In Construction Dispute

    FRESNO, Calif. — A California appeals panel on May 30 affirmed a lower court judge’s decision to enforce a settlement in a construction dispute between a contractor and a California city over flooding damage to the city’s courthouse and police station, rejecting the contractor’s argument that the trial court misinterpreted the scope of the settlement agreement.

  • May 30, 2024

    In Dispute Over Mold, Termite Damages, Florida Panel Affirms Denial Of Injunction

    MIAMI — A trial court did not err in denying a condominium owner’s motion for a mandatory injunction to compel a condominium association to repair water, mold and termite damages allegedly caused by a waterline repair because the injunction would not immediately prevent further termite damage and would not address the root cause of the water and mold damages, a Florida panel found May 29 in affirming the trial court’s judgment.

  • May 30, 2024

    Contractor Is Excluded From Testifying About Cabin Owner’s Lost Rental Income

    KNOXVILLE, Tenn. — A general contractor is not qualified to testify about lost rental income arising from allegedly defective construction work performed at a cabin because the owner of the property failed to show that the contractor is an expert on the topic, a Tennessee federal magistrate judge found in granting a motion to exclude in part.

  • May 29, 2024

    Maryland Federal Judge Dismisses New Home Mold Case Following Settlement

    GREENBELT, Md. — Following a settlement conference in which all remaining claims arising from the allegedly defective construction of a new home that developed mold growth were resolved, a Maryland federal judge dismissed a construction defects case originally brought by the owners of the home against the builder.

  • May 29, 2024

    Alaska Federal Judge Dismisses Defective Window Claims With Prejudice

    ANCHORAGE, Alaska — Claims arising from the installation of allegedly defective windows on a home more than 20 years ago must be dismissed for failure to state a claim because the majority of the claims are time-barred, an Alaska federal judge found in granting a motion to dismiss filed by the window manufacturer, a member of its board of directors and a supplier.

  • May 28, 2024

    Home Renovation Work Does Not Carry Implied Warranty, Iowa Panel Concludes

    DES MOINES, Iowa — Two homeowners’ claim for breach of the implied warranty of workmanlike construction fails against a home flipper who allegedly failed to properly renovate a 70-year-old home’s heating, ventilation and air conditioning (HVAC) system because the flipper is not a “builder-vendor” under Iowa law, an Iowa appeals panel found in affirming a trial court’s judgment.

  • May 21, 2024

    Colorado Federal Judge Stays Modular Home Case In Favor Of Arbitration

    DENVER — Claims arising out of the allegedly faulty construction of a modular home must be arbitrated because the claims fit within the broad scope of the arbitration clause contained within the ownership agreement signed by the homeowners and the builder, a Colorado federal judge found in granting the builder’s motion to compel arbitration.

  • May 20, 2024

    Renovation Manager Cannot Recover Apportionment Claims Based On Fiduciary Duties

    STAMFORD, Conn. — A man who personally agreed to manage a home renovation project who was sued by the homeowner for alleged negligent supervision cannot recover apportionment claims from subcontractors that worked on the project because the homeowner’s original claims were based on a breach of fiduciary duty theory, a Connecticut judge found in granting the subcontractors’ motions to dismiss.

  • May 17, 2024

    In Roofing Dispute, Connecticut Judge Says Some Construction Claims Are Time-Barred

    NEW HAVEN, Conn. — A homeowners association is entitled to summary judgment on claims of breach of implied contract and negligence because the plaintiff, an owner of a condominium unit that allegedly suffered from a poorly repaired roof, failed to file the two claims within the applicable statute of limitations, a Connecticut judge found in partly granting the association’s motion for summary judgment.

  • May 15, 2024

    Miss. Products Liability Act Is Homeowners’ Sole Remedy In Chinese Drywall Case

    JACKSON, Miss. — Claims brought by homeowners who say their home was damaged by defectively manufactured Chinese drywall are subsumed by the Mississippi Products Liability Act (MPLA) because it is the sole remedy for products liability under Mississippi law, a Mississippi federal judge found in partly granting the drywall manufacturer’s motion for summary judgment.

  • May 10, 2024

    Developer Never Assigned Rights In Contract It Allegedly Entered With Itself

    DES MOINES, Iowa — Breach of contract claims brought by the owners of a condominium complex against the developer of the complex for construction defects fail because there is no evidence that the owners were assigned the right to enforce the terms of the construction contract, which the developer allegedly entered into with itself, an Iowa panel found in affirming a trial court’s judgment.

  • May 10, 2024

    Homeowner Cannot File New Evidence Of Personal Property Damaged By Chinese Drywall

    TAMPA, Fla. — A homeowner who claims that his home was damaged by defective Chinese drywall may not present new evidence of personal property damage one month before trial because he already submitted an itemized list of such damages and discovery has closed, a Florida federal judge found in resolving two motions filed by the drywall manufacturers.

  • May 09, 2024

    Grain Bin Construction Claims Fail Under Warranty, Arkansas Federal Judge Finds

    JONESBORO, Ark. — The owners of a farm failed to assert their claims arising from the allegedly defective construction of four grain bins because they claimed that the builder failed to make the bins moisture-proof yet expressly agreed in the warranty of the construction contract that the bins were never designed to be moisture-proof, an Arkansas federal judge found in dismissing the owners’ claims.

  • May 07, 2024

    Texas High Court: Homeowners Can’t Get Exemplary Damages Without Jury Unanimity

    AUSTIN, Texas — Eleven homeowners whose property was damaged by the negligent construction of a drainage pipeline through their neighborhood are not entitled to exemplary damages because the jury failed to reach a unanimous verdict on the issue, the Texas Supreme Court found in reversing an appellate court’s judgment.

  • May 07, 2024

    Limited Damages Renders Expert Testimony On Chinese Drywall Irrelevant, Judge Says

    TAMPA, Fla. — A woman who says her former home was damaged by defectively manufactured Chinese drywall cannot introduce evidence about the estimated cost to repair the home because the damages sought are not available under the economic loss rule, a Florida federal judge found in mostly granting the drywall manufacturer’s motion to exclude expert testimony.

  • May 07, 2024

    Idaho Law Precludes Homeowner From Bringing Claims Against Insurer In Roofing Row

    POCATELLO, Idaho — Warranty claims brought by a homeowner against an insurer and a roofing company that allegedly failed to repair a roof are barred against the insurer because insurers may not be sued under Idaho law absent a contractual or statutory provision authorizing an action, an Idaho federal judge found in granting the insurers’ motion to dismiss.

  • May 06, 2024

    Colorado Legislative Committee Votes To Indefinitely Postpone Construction Defects Bill

    DENVER — The Colorado General Assembly’s House Transportation, Housing and Local Government Committee on May 3 voted to indefinitely postpone a bill that would have changed construction defects litigation in the state by creating a new right for builders to remedy faulty construction.

  • May 03, 2024

    Faulty Shingles Dispute Terminated Following Parties’ Notice Of Settlement

    KANSAS CITY, Kan. — After receiving notice of settlement from a group of property owners and roofing manufacturer, a Kansas federal judge ordered a dispute over the company’s allegedly faulty shingles to be administratively terminated.

  • May 02, 2024

    Architect Cannot Recover Contribution From New York Town In Construction Dispute

    ROCHESTER, N.Y. — An architect that was sued for providing construction plans that failed to comply with the building codes of Penfield, N.Y, cannot seek contribution from the town even though it failed to identify the noncompliant wood trusses in the construction because it is immune from liability under the government function immunity defense, a New York justice found in granting Penfield’s motion for summary judgment on the architect’s cross-claim.

  • May 01, 2024

    Statute Of Frauds Bars Homeowner’s HVAC Warranty Claims, Indiana Panel Says

    INDIANAPOLIS — A homeowner is not entitled to bring a claim for breach of express warranty against a man who installed heating and air conditioning (HVAC) equipment in the home but refused to repair it several years later because the statute of frauds applies to the alleged warranty, which was not committed to writing, an Indiana panel found in affirming a trial court’s judgment.

  • May 01, 2024

    California Federal Judge Grants Default Judgment In Luxury Home Construction Case

    LOS ANGELES — Two homeowners who allege that their new luxury home suffers from construction defects are entitled to default judgment against the builder of the home because it failed to make an appearance in the case and the relevant discretionary factors support granting default judgment, a California judge found in partly granting the homeowner’s application for default judgment.

  • April 30, 2024

    Illinois Panel: Homeowner Waived Construction Claims By Not Giving Written Notice

    CHICAGO — A homeowner who claimed that the residential and commercial units she purchased in a condominium building suffered from construction defects waived any such claim because she failed to comply with the limited warranty agreement she signed by not providing written notice of the alleged defects to the developer of the building within one year of purchasing the units, an Illinois panel found in affirming a trial court’s judgment.

  • April 25, 2024

    Pa. Panel: Fact Issues About Contract Surround Failed Retaining Wall Dispute

    HARRISBURG, Pa. — A trial court erred in granting judgment on the pleadings in a dispute over the construction of retaining wall that failed at a life plan community because there are questions of fact about which contract governs the agreement between the operator of the community and the builder, a Pennsylvania panel found in partly reversing the trial court’s judgment.

  • April 24, 2024

    N.Y. Justice: Unclear If Developer Is Liable For Water Damage At Condo Building

    NEW YORK — The owner of a condominium building in New York City that suffered water damage from a burst pipe is not entitled to partial summary judgment on the issue of whether the developer of the building is liable under the development contract signed by the two parties because the terms of the contract are ambiguous, a New York justice found in denying the owner’s motion for partial summary judgment.

  • April 23, 2024

    Minnesota Appeals Court Affirms Judgment In Construction Defects Case

    ST. PAUL, Minn. — A trial court did not err in offsetting a damages award granted to a homebuilder for counterclaims brought against it for defectively building a home because the builder properly perfected its mechanic’s lien on the property, a Minnesota panel found in affirming the trial court’s judgment.