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Mealey's Construction Defects

  • May 30, 2019

    Judge Orders Company To Reimburse Man For Deck’s Installation, Attorney Fees

    NEW LONDON, Conn. — A trial court judge in Connecticut on April 3 ordered a company that sold allegedly defective decking to a man to pay him $9,438.92 for reinstalling a new deck and $60,000 in attorney fees, holding that the company breached an oral agreement to perform the work (Randy Murallo v. United Builders Supply Co. Inc., No. CV 13-5014614, Conn. Super., New London, 2019 Conn. Super. LEXIS 991).

  • May 30, 2019

    Delaware Judge Finds Couple’s Suit Over Defective Stucco Is Timely

    NEW CASTLE, Del. — A Delaware judge on May 20 denied a contractor’s motion to dismiss a couple’s lawsuit accusing it of failing to properly repair the stucco on their home, holding that the action is not barred by the state’s three-year statute of limitations (James Brooks, et al. v. R.L. Vazquez Construction Inc., No. N19C-01-192 VLM, Del. Super., New Castle Co.).

  • May 29, 2019

    Window Maker Dismissed From Contractor’s Third-Party Suit By Federal Judge

    PITTSBURGH — A federal judge in Pennsylvania on May 28 dismissed a home builder’s breach of express warranty claim against Andersen Windows Inc., holding that the court lacked subject matter jurisdiction because a couple’s claims against the builder stem from the improper installation of the windows rather than defects in the windows (Timothy Wright, et al. v.  Patrick Schultz, et al., No. 18-938, W.D. Pa., 2019 U.S. Dist. LEXIS 89053).

  • May 29, 2019

    Chinese Drywall Makers, Plaintiffs Inform MDL Judge Of Possible Settlement

    NEW ORLEANS — Three manufacturers of Chinese drywall and plaintiffs in class action lawsuits in Florida, Louisiana and Virginia on May 25 informed the federal judge in Louisiana overseeing the multidistrict litigation for actions contending that the drywall emitted odors and damaged components of their homes that they have reached a possible settlement (In re:  Chinese-Manufactured Drywall Products Liability Litigation, MDL 2047, E.D. La.).

  • May 24, 2019

    Plumbing Part Maker Need Not Indemnify Contractor, Arizona Panel Rules

    PHOENIX — An Arizona appeals panel on May 23 overturned a trial court judge’s ruling awarding summary judgment to a general contractor seeking $2.3 million in indemnification from the manufacturer of an allegedly defective plumbing part, holding that the contractor was not entitled to indemnification because it was not a seller of the part pursuant to Arizona Revised Statute (A.R.S.) Section 12-681(9) (Okland Construction Company Inc. v. Zurn Industries LLC, et al., No. 1 CA-CV-18-0249, Ariz. App., 1st Div., 2019 Ariz. App. Unpub. LEXIS 617).

  • May 24, 2019

    Couple Can Pursue Building Defects Judgment From Newly Formed Company, Judge Says

    CHICAGO — A couple who was awarded an $800,835 judgment against the developer who built their home for construction defects can attempt to obtain the amount from a development company that was formed shortly after the judgment was entered, a federal judge in Illinois ruled May 23 after granting the plaintiffs’ motion for summary judgment on claims for successor liability and piercing the corporate veil (Anthony Puntillo, et al. v. Dave Knecht Homes LLC, et al., No. 15 CV 11839, N.D. Ill., 2019 U.S. Dist. LEXIS 87223).

  • May 23, 2019

    Condo Association Sues Developer Over Defects In Common Areas

    NEW BRUNSWICK, N.J. — A condominium owners association on May 21 filed suit in New Jersey state court against the complex’s developer, contractors and subcontractors, claiming that the defendants are responsible for defectively built common areas and that they misrepresented that construction complied with local building codes (Harbortown Sail Condominium Association Inc. v. Harbortown Sail LLC, et al., No. MID-L-003923-19, N.J. Super., Middlesex Co.).

  • May 22, 2019

    Alabama High Court: Indiana Proper Forum For Suit Against Angie’s List

    MONTGOMERY, Ala. — An Alabama Supreme Court panel on May 17 upheld a trial court judge’s ruling that a forum-selection clause in the membership agreement for Angie’s List Inc. is enforceable and requires a father and son to litigate their claims against the service in Indiana (Jessie Castleberry, et al. v. Angie’s List Inc., No. 1180241, Ala. Sup., 2019 Ala. LEXIS 47).

  • May 20, 2019

    Subsequent Home Buyers Must Arbitrate Defects Claims With Builder, Panel Rules

    AUSTIN, Texas — A couple who purchased a home are required to arbitrate their construction defects claims against the builder because newly discovered evidence revealed that the buyers obtained relief from the 10-year home warranty, a Texas appeals panel ruled May 16 in overturning a lower court’s decision denying a motion to compel arbitration (Toll Dallas TX LLC v. Edith Dusing, et al., No. 03-18-00099-CV, Texas App., 3rd Dist., 2019 Tex. App. LEXIS 3947).

  • May 17, 2019

    Judge Remands Class Action Against Brad Pitt’s Foundation Over Defects

    NEW ORLEANS — A federal judge in Louisiana on May 15 remanded a class action against Brad Pitt’s foundation over construction defects in homes that were built following Hurricane Katrina, finding that the local controversy exception to the Class Action Fairness Act (CAFA) narrowly applied to the plaintiffs’ action (Lloyd Francis, et al. v. Make It Right-New Orleans LLC, et al., No. 18-cv-09906, E.D. La., 2019 U.S. Dist. LEXIS 82510).

  • May 17, 2019

    Texas Panel Holds Couple Cannot Recover Attorney, Expert Fees From Builder

    HOUSTON — A Texas appeals court panel on May 16 affirmed a trial court judge’s ruling barring a couple from obtaining attorney fees and expert fees under the state’s Residential Construction Liability Act (RCLA), holding that the statute does not allow a private cause of action to recover those fees (Daniel Mitchell, et al. v. D.R. Horton-Emerald Ltd., No. 01-18-00755-CV, Texas App., 1st Dist., 2019 Tex. App. LEXIS 4005).

  • May 15, 2019

    Appeals Panel Affirms Door Installer’s Judgment Award In Suit Over Leaks

    HARRISBURG, Pa. — A Pennsylvania appeals panel on May 14 affirmed a trial court judge’s ruling awarding summary judgment to a subcontractor in a suit brought by a condominium owners association over its installation of French doors that leaked, holding that the lower court properly found that the association’s claims were barred by the gist of the action doctrine as well as the four-year statute of limitations (Villas at Packer Park Condominium Association v. JPC Group Inc., et al., No. 827 EDA 2018, Pa. Super., 2019 Pa. Super. Unpub. LEXIS 1890).

  • May 15, 2019

    California Panel Affirms Dismissal Of Fraud, UCL Claims Against Home Builder

    RIVERSIDE, Calif. — A California appeals court panel on May 13 held that a trial court judge did not err when dismissing claims for fraud and under California’s unfair competition law (UCL) brought by homeowners accusing a builder of construction defects, finding that evidence that could have been used to support the claims was properly stricken as part of discovery sanctions imposed upon the plaintiffs after the first phase of the trial (Edward Guillen, et al. v. Centex Homes, et al., No. E066028, Calif. App., 4th Dist., 2nd Div., 2019 Cal. App. Unpub. LEXIS 3310).

  • May 13, 2019

    Magistrate: Home Warranty Company’s Arbitration Award Should Be Confirmed

    WILMINGTON, Del. — A federal magistrate judge in Delaware on May 10 denied a couple’s motion to vacate an arbitration award they obtained from a home warranty company over defects in the construction of their home, finding that they were unable to show that the arbitrator violated the Federal Arbitration Act (FAA) when reaching his decision (Jason Jones, et al. v. Home Buyers Warranty, et al., No. 17-773-JFB,SRF, D. Del., 2019 U.S. Dist. LEXIS).

  • May 13, 2019

    Michigan Appeals Court Finds Notice Provision Of Home’s Warranty Was Unambiguous

    GRAND RAPIDS, Mich. — A Michigan appeals panel on May 9 affirmed a general contractor’s summary judgment award, holding that a notice provision in a home warranty provided to a woman clearly informed her that she had one year from the issuance of the certificate of occupancy to inform the builder of any construction defects (Karen K. Beer v. Kropf Construction Consulting LLC, et al., No. 342666, Mich. App., 2019 Mich. App. LEXIS 1827).

  • May 10, 2019

    Judge Orders Jurisdictional Discovery On Company Accused Of Making Faulty Shingles

    BEAUFORT, S.C. — A federal judge in South Carolina on May 8 ordered jurisdictional discovery on the relationship between two companies in a lawsuit brought by a couple claiming that the roofing shingles installed on their home are defective in order to determine if they are alter egos of each other (Angelo Guagliano, et al. v. Cameron & Cameron Custom Homes LLC, et al., No. 19-cv-0839-RMG, D. S.C., 2019 U.S. Dist. LEXIS 77703).

  • May 2, 2019

    Judge Strikes Negligence, Warranty Claims From Suit Over Improperly Installed Roof

    DANBURY, Conn. — A Connecticut judge on April 5 dismissed a business owner’s claims for negligence and breach of warranty stemming from the allegedly defective installation of a cedar roof, finding that the negligence claim was barred by the economic-loss doctrine and that the claim for breach of warranty was duplicative of a claim for breach of contract (Nordic Builders Inc. v. Trademarc Construction Inc., No. DBD-CV-18-6025176-S, Conn. Super., Danbury Dist., 2019 Conn. Super. LEXIS 642).

  • April 30, 2019

    Country Club Owner’s New Evidence Not Enough To Reconsider Limitations Ruling

    BEAUFORT, S.C. — A federal judge in South Carolina on April 2 denied a country club owner’s motion to reconsider a December 2018 decision that the three-year statute of limitations barred the plaintiffs’ construction defects claims against an architect and general contractor on claims regarding water damage to a clubhouse, holding that new evidence provided by the owner did not sufficiently demonstrate that it did not know about the cause of the damage until destructive testing occurred in 2017 (Hampton Hall LLC v. Chapman Coyle Chapman & Associates Architects AIA Inc., et al., No. 17-1575, D. S.C., 2019 U.S. Dist. LEXIS 57072).

  • April 30, 2019

    Texas Couple Says Construction Defects Caused Mold Infestation, Sues Home Builder

    RICHMOND, Texas — A Texas couple sued the builder of their home in state court on March 1, alleging that construction defects by the defendant caused mold growth that will require extensive remediation and replacement of their possessions (Nick Smith, et al. v. Trendmaker Homes Inc., No. 19-DCV-260160, Texas Dist., 400th Jud. Dist., Fort Bend Co.).

  • April 30, 2019

    IKO Roofing Shingle MDL Judge Recommends Terminating Proceedings

    URBANA, Ill. — The federal judge in Illinois presiding over litigation stemming from allegedly defective organic asphalt roofing shingles made by IKO Manufacturing Inc. on April 11 recommended terminating the proceedings because the $30 million settlement resolving the actions has been finalized and because the judge does not anticipate any further actions (In re: IKO Roofing Shingle Products Liability Litigation, MDL 2104, Case No. 09-md-2104, C.D. Ill.).

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