Mealey's Construction Defects

  • December 09, 2021

    Florida Panel Upholds Dismissal Of Defects Row In Favor Of Arbitration

    MIAMI — The Third District Florida Court of Appeal on Dec. 1 summarily affirmed findings by a trial court that a complaint for injunctive and declaratory relief by a construction company cannot proceed, in view of existing arbitration with a property owner.

  • December 08, 2021

    Motion For Rehearing Denied By Florida Appellate Panel In Defective Stucco Suit

    DAYTONA BEACH, Fla. — A Florida appeals panel on Nov. 29 denied a subcontractor’s motion for rehearing or rehearing en banc filed after the panel determined Oct. 22 that a genuine issue of material fact remains regarding the start of the repose period because of incomplete evidence about the contract competition date in a case alleging faulty stucco work on townhomes.

  • December 07, 2021

    Chinese Drywall MDL Class Counsel Tells High Court To Reject Cert Request

    WASHINGTON, D.C. — A petition for certiorari by attorneys who negotiated private settlements for their clients in the Chinese drywall multidistrict litigation but were later ordered to give 45% of their fees to global settlement class counsel fails because “even in the non-class context, the authority of a district court to award common benefit fees in MDLs is well-established,” class counsel maintains in a Dec. 1 opposition brief filed with the U.S. Supreme Court.

  • December 07, 2021

    Roof Panel Manufacturer: Negligence Claim Properly Deemed Time-Barred

    FRESNO, Calif. — In a recent appellee brief, the maker of a roof panel system that allegedly failed, causing damage to a cold storage building and its contents, defends a lower court’s determination that a subsequent claim for negligence is untimely.

  • December 06, 2021

    Homeowner Tells Panel Case Against Structural Engineer Not Untimely

    SAN JOSE, Calif. — A structural engineer accused of professional negligence makes “flatly incorrect” statements in a recent appellee brief with regard to when a homeowner first learned of the alleged wrongdoing, the homeowner asserts in an Oct. 15 reply brief in a California appeals court.

  • December 02, 2021

    Federal Judge Denies Dismissal In Negligence Suit Related To Structural Defects

    OPELIKA, Ala. — An Alabama federal judge on Nov. 22 denied a structural engineering company’s motion to dismiss a negligence suit filed against it by the owner of an apartment building that experienced structural defects, finding that the engineering company owed a duty to the owner, an assignee of the original project contract, and that facts establish that the engineering company knew that the owner had an interest in the project.

  • December 01, 2021

    Texas Panel Reverses Arbitration Denial In Mold Construction Defects Suits

    HOUSTON — A Texas appellate court on Nov. 23 reversed a lower court’s order denying a motion by home builders to compel arbitration in construction defects actions filed by homeowners, finding that the homeowners’ challenge to the arbitration agreements’ delegation clause and their contention that the arbitrator is not qualified to decide issues of arbitrability “does not foreclose enforcement of the delegation clause.”

  • November 29, 2021

    2nd PEX Piping Class Suit Parties File Advisory After Settlement In 1st

    SAN ANTONIO — At the direction of a federal magistrate judge in Texas following the lifting of a stay, the parties in a second putative class suit alleging faulty polyethylene (PEX) piping filed a joint advisory on Nov. 24 stating their positions on how the case should proceed following final approval of a class settlement in the first case.

  • November 18, 2021

    Objector Appeals $7.65M Faulty PEX Piping Settlement

    SAN ANTONIO — A class member whose objections to a $7.65 million class settlement in a faulty polyethylene (PEX) piping lawsuit were overruled by a federal magistrate judge in Texas filed a notice of appeal on Nov. 17; the class member is represented by counsel in a parallel class complaint who attempted in several ways to challenge the agreement.

  • November 17, 2021

    Reconsideration Sought After Denial Of Attorney Fees In Damaged Fireproofing Suit

    RIVERSIDE, Calif. — Two weeks after a California federal judge issued an order denying a building contractor’s request for attorney fees, denying a subcontractor’s request for judgment as a matter of law and granting the building contractor’s request for prejudgment interest in a construction defects suit, the building contractor on Nov. 12 filed a motion for reconsideration of the denial of attorney fees.

  • November 17, 2021

    Nev. High Court: Construction Defects Statute Of Repose Extension Is Retroactive

    LAS VEGAS — A Nevada law that became effective in October 2019 extending the statute of repose for construction defects claims to 10 years is retroactive, the Nevada Supreme Court ruled Nov. 10, vacating a trial court’s denial of a condominium association’s motion to alter or amend judgment after its construction defects claims were found to be time-barred as the second motion to alter or amend was filed after the change in law.

  • November 17, 2021

    Individual Attorneys In Drywall MDL Seek High Court Review Of Shared Fees Decision

    WASHINGTON, D.C. — Attorneys who negotiated private settlements in fractured multidistrict litigation against Chinese drywall manufacturers and then were ordered to give 45% of their fees to the global settlement class counsel as common benefit costs and fees filed a petition in the U.S. Supreme Court on Nov. 2 seeking review of the authority of a court sitting in diversity to make such a decision and a ruling on what standard is appropriate.

  • November 17, 2021

    Sealant Maker Tells Florida Panel: Breach Claim Belongs In New Jersey

    MIAMI — There are no “compelling reasons” to override a New Jersey forum selection clause included in a warranty for sealant, the maker of the sealant maintains in a Nov. 3 brief filed with the Florida’s Third District Court of Appeal.

  • November 16, 2021

    Construction Defects Case Not Barred By Statute Of Repose, Federal Judge Rules

    LAS VEGAS — A federal judge in Nevada on Nov. 12 denied motions to dismiss a construction defects case on grounds that it was not barred by a statute of repose, ruling that the Nevada Supreme Court has ruled that the state Legislature “clearly expressed” an intent to revive actions otherwise barred by an expired repose period.

  • November 16, 2021

    Stay Lifted In 2nd Faulty PEX Piping Suit After Settlement Approved In 1st

    SAN ANTONIO — A federal magistrate judge in Texas on Nov. 12 lifted the stay in a putative class suit alleging faulty polyethylene (PEX) piping after an earlier filed suit bringing similar claims was settled over objections by counsel in the present case and ordered the parties to file a joint advisory regarding how the case should proceed.

  • November 16, 2021

    In Row With Builder, Homeowners Say Damage Award Not Excessive

    ATLANTA — A couple on Sept. 1 urged a Georgia appellate court to uphold an award of $156,620 in compensatory damages following a bench trial, arguing that “even though” the cost of repairing damage to their home was higher than their builder “wanted to believe,” the cost to repair “is the correct measure of damages.”

  • November 15, 2021

    Contractor Says Lawsuit Over Seawall Barred By Statute Of Repose

    DAYTONA BEACH, Fla. — A contractor accused of negligence in connection with the design and construction of a seawall told a Florida appeals court on Oct. 26 that it was properly awarded summary judgment because the lawsuit was filed more than 10 years after the seawall was completed.

  • November 15, 2021

    Developer: Arbitration Agreements Enforceable, Applicable In Negligence Row

    DAYTONA BEACH, Fla. — In an Oct. 28 reply brief filed with a Florida appeals court, a developer maintains that although a homeowner’s association was not a signatory to two arbitration agreements, because it asserts negligence claims on behalf of individual members who did agree to arbitrate, the parties are now bound by those agreements and their associated arbitration provisions.

  • November 15, 2021

    Utah High Court Affirms Economic Loss Statute Bars Negligence Claim

    SALT LAKE CITY — In a Nov. 4 holding, the Utah Supreme Court found that two petitioners whose home needed to be demolished after it could not be stabilized cannot pursue a claim for negligence against the geotechnical engineering firm that certified that their land was suitable for residential construction.

  • November 07, 2021

    Builder: Limited Warranty Requires Arbitration Of Negligence, Breach Claims

    ST. LOUIS — An arbitration clause within a limited warranty issued by a builder to two homeowners at closing applies to a subsequent tort claim for negligent construction leveled in connection with an allegedly defective foundation, the builder argues in an Oct. 6 reply brief filed with the Missouri Court of Appeals.

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