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Mealey's Construction Defects

  • October 30, 2018

    Consumers Ask Judge To Approve $43.5M Settlement Of Defective Piping Suit

    TRENTON, N.J. — A group of consumers on Oct. 26 asked a federal judge in New Jersey to approve a $43.5 million settlement to resolve claims that cross-linked polyethylene (PEX) plumbing systems made by NIBCO Inc. are defective because they fail prematurely, causing water leaks (Kimberly Cole, et al. v. NIBCO Inc., No. 13-7871, D. N.J.).

  • October 25, 2018

    Wisconsin Appeals Panel Says Couple Must Arbitrate Claims Against Architect

    MADISON, Wis. — A Wisconsin appeals panel on Oct. 18 reversed a trial court judge’s ruling denying an architect’s motion to compel arbitration with a couple accusing him of fraudulently inducing them to enter into a design consultant agreement with his company, finding that their claims are subject to the provision (Thomas Zimmer Builders LLC v. Kurt E. Roots, et al., No. 2017AP2037, Wis. App., 4th Dist., 2018 Wisc. App. LEXIS 818).

  • October 25, 2018

    Pennsylvania High Court Says Appeals Panel Should Review Defects Verdict

    HARRISBURG, Pa. — The Pennsylvania Supreme Court on Oct. 17 ordered an appeals court panel to conduct a de novo review of a ruling in a construction defects lawsuit where the judge presiding over a bench trial retired and no other judge could prepare a supplemental opinion to explain his decision to award $748,287.67 to a couple who complained that the windows installed in their home were defective (Leo  J. Dolan Jr. v. Hurd Millwork Co. Inc., et al., No. 51 MAP 2017, Pa. Sup., 2018 Pa. LEXIS 5463).

  • October 23, 2018

    Judge Dismisses Defective Siding Class Action Suit For Lack Of Jurisdiction

    ALBANY, N.Y. — A federal judge in New York on Oct. 22 dismissed a class action suit accusing a manufacturer of selling siding that prematurely faded from sunlight reflecting off of windows, holding that the court lacked jurisdiction over the plaintiffs’ claims because they did not sufficiently allege that the defendant company had a substantial connection with the state (Clement Gazzillo, et al. v. Ply Gem Industries Inc., et al., No. 17-CV-1077, N.D. N.Y., 2018 U.S. Dist. LEXIS 180303).

  • October 22, 2018

    Man Says Defects In Design Of Air Conditioning Cause Corrosion, Leaks

    MIAMI — A Florida man on Oct. 8 sued Daikin Applied Americas Inc. in state court, claiming that defects in the air conditioning unit manufacturer’s product cause premature corrosion in the copper tubing, resulting in refrigerant leaks, and that the company failed to disclose the flaw to consumers despite its knowledge of the defect (Alain J. Viergutz v. Daikin Applied Americas Inc., No. 2018-CA-34044, Fla. 11th Jud. Cir., Miami-Dade Co.).

  • October 16, 2018

    Trustees Sue Home Builder Over Alleged Construction Defects, Water Infiltration

    WILMINGTON, Del.  — The trustees of a living trust on Oct. 12 sued the builder of their home in Delaware state court, claiming that the stucco facade on their home allows for water infiltration (Parikh Living Trust v. Louis Capano & Associates Inc., No. N18C-10-157, Del. Super.).

  • October 12, 2018

    Improper Installation Of Stucco Caused Damage, Florida Couple Says

    TAMPA, Fla. — A homebuilder’s installation of stucco on a Florida home was defective because it allowed for water intrusion that caused damage to the interior walls and because it did not conform with the Florida Building Codes Act, a couple says in a lawsuit filed Oct. 9 in state court (Wenford Coleman, et al. v. Centex Homes, No. 2018-CA-009880, Fla. Cir., Hillsborough Co.).

  • October 12, 2018

    Florida Couples Sues Home Builder, Says Stucco Was Improperly Installed

    BARTOW, Fla. — A Florida couple sued KB Home Orlando LLC in state court on Oct. 10, claiming that the improper installation of the stucco on their home violated the Florida Building Codes Act (Martin Guthrie, et al. v. KB Home Orlando LLC, No. 2018-CA-004066, Fla. Cir., Polk Co.).

  • October 11, 2018

    Plaintiffs Move For Approval Of Estimated $30M Settlement Of Suits Over Shingles

    URBANA, Ill. — Plaintiffs claiming that organic asphalt shingles manufactured by IKO Manufacturing Inc. that prematurely deteriorate before the expiration of their 30-year warranty on Oct. 4 moved for approval of a settlement worth approximately $30 million that would resolve the litigation (In re: IKO Roofing Shingle Products Liability Litigation, MDL 2104, Case No. 09-md-2104, C.D. Ill.).

  • October 5, 2018

    Judge Denies Remand Of Defective Drywall Suit, Finds Insurer Improperly Joined

    NEW ORLEANS — A federal judge in Louisiana on Oct. 3 denied a couple’s motion to remand their lawsuit seeking damages for Chinese-made drywall that was installed in their home following Hurricane Katrina, finding that they improperly joined their insurer as a defendant (Cedric Richmond, et al. v. National Gypsum Services Co., No. 17-7453, E.D. La., 2018 U.S. Dist. LEXIS 170814).

  • October 4, 2018

    Developers’ Control Of Association Did Not Toll Limitations Period, Panel Says

    SANTA ANA, Calif. — A California appeals panel on Sept. 7 upheld a ruling awarding summary judgment to the builder and developer of a residential community consisting of 184 high-end homes that allegedly have construction defects, holding that the developer’s control of the homeowners association’s board of directors did not toll the Right to Repair Act’s (RRA) 10-year statute of limitations (Waterfront Community Association v. PLC Waterfront LLC, et al., No. G054235, Calif. App., 4th Dist., 3rd Div., 2018 Calif. App. Unpub. LEXIS 6134).

  • October 4, 2018

    Restaurant Owners Sue Builder Over Defects Discovered During Renovation

    ORLANDO, Fla. — The owner of a restaurant says in a Sept. 20 lawsuit filed in Florida state court against a company that constructed a building it purchased that it will incur more than $75,000 in damages to repair defects it discovered while renovating the building (Resilient Restaurants LLC v. Mulligan Constructors Inc., No. 2018-CA-010309, Fla. Cir., Orange Co.).

  • October 3, 2018

    Plaintiffs Say 9th Circuit Rulings Support Certification Of Class Over Shingles

    SEATTLE — Plaintiffs seeking certification of a statewide class in Washington for residents whose homes have shingles made by Certainteed Corp. that suffer from premature granule loss say in an Oct. 1 reply brief filed in federal court that two rulings from the Ninth Circuit U.S. Court of Appeals show that consumer protection claims involving a defective product are well-suited for class treatment (Paula Wetzel, et al. v. Certainteed Corp., No. 16cv01160, W.D. Wash.).

  • October 3, 2018

    Association’s Request To Amend Defects Suit Is No Emergency, Judge Says

    LAS VEGAS — A federal judge in Nevada on Oct. 1 denied a homeowners association’s emergency motion to amend its complaint to add a claim for declaratory judgment, holding that the request was procedurally defective and that the request to add the claim was not an emergency because discovery is not scheduled to end until December 2019 (Azure Manor/Rancho De Paz Homeowners Association v. D.R. Horton Inc., No. 14-cv-02222-JCM-NJK, D. Nev.).

  • October 3, 2018

    Couple Lacks Standing To Sue Developer, Municipality Over Drainage, Panel Rules

    CHICAGO — An Illinois appeals court panel on Sept. 28 upheld rulings awarding summary judgment to a developer and municipality, finding that a couple who complained that the defendants breached the terms of an annexation agreement lacked standing to bring their claims because they were not subsequent purchasers of the land and were not intended beneficiaries to the agreement (Patricia Doyle, et al. v. Tinley Park, et al., No. 1-17-0357, Ill. App., 1st Dist., 2nd Div., 2018 Ill. App. LEXIS 716).

  • September 26, 2018

    Minnesota Panel Finds Developer Must Indemnify Builder Over Crumbling Pavers

    ST. PAUL, Minn. — A Minnesota appeals panel on Sept. 24 affirmed a ruling holding that a developer must indemnify a homebuilder in a suit brought by a homeowners association over crumbling pavers used as a road’s surface, finding that the developer agreed to do so pursuant to a declaration between the parties (Bluffs on Sans Pierre Townhomes and Villas Association v. Wooddale Builders Inc., et al., No. A18-0404, Minn. App., 2018 Minn. App. Unpub. LEXIS 839).

  • September 26, 2018

    Home Builder, PEX Pipe Maker Agree To Dismiss Suit Over Ruptures

    SAN ANTONIO — A federal judge in Texas on Aug. 28 granted a joint motion filed by a Pulte Homes of Texas L.P. and NIBCO Inc. to dismiss with prejudice a suit brought by the home builder over ruptures in PEX piping (Pulte Homes of Texas, L.P. v. NIBCO, Inc., No. 17-CV-544, W.D. Texas).

  • September 19, 2018

    Homebuilder Maintains Couple Unable To State Consumer Fraud, Contract Claims

    CHICAGO — A homebuilder says in a reply brief filed Sept. 13 that a couple cannot pursue a claim for violation of the Illinois Consumer Fraud Act (ICFA) because they raise arguments that are not based on “artful retelling” of their amended complaint and because the cases they rely on contain “clear-cut  factual allegations of oppression, intimidation and deceit” (Paul Smith, et al. v. NVR Inc., No. 17 C 8328, N.D. Ill.).

  • September 14, 2018

    Florida Panel Overturns Ruling Finding Defects Suit Untimely

    WEST PALM BEACH, Fla. — The filing of presuit notifications to a homebuilder pursuant to Florida Statutes Chapter 558 constituted an action that showed that the plaintiffs raised their construction defect claims before the expiration of the 10-year statute of repose, a Florida appeals court panel ruled Sept. 12 in overturning a decision dismissing the plaintiffs’ claims (Robert Gindel, et al. v. Centex Homes, et al., No. 4D17-2149, Fla. App., 4th Dist., LEXIS 13019).

  • September 13, 2018

    Couple: Model Home Had Defects That Led To Water Intrusion, Mold

    GALVESTON, Texas — A couple on Aug. 21 sued the builder of a home they purchased in August 2016 in Texas state court, claiming that it failed to disclose that construction defects and the improper installation of the home’s heating, ventilation and air conditioning (HVAC) unit allowed for water intrusion that caused mold growth (Rick Faulkner, et al. v. D.R. Horton-Emerald Ltd., No. 18-CV-1143, Texas Dist., Galveston Co.).