SAN DIEGO — A California trial court on Aug. 11 filed a notice of dismissal in a construction defects lawsuit brought by the owners association for a San Diego mixed-use high rise against the building’s developers after the parties reached a settlement less than three months after a California appellate panel deemed a prelitigation member vote requirement in the covenants, conditions and restrictions (CC&Rs) null and void.
HOUSTON — A Texas appeals court on July 29 denied a bid for reconsideration of a panel’s ruling that certificates of merit filed in a construction defects case were sufficient under a state statute; the panel’s ruling affirmed the trial court’s denial of a motion to dismiss allegations against an engineer and architects.
WILMINGTON, Del. — The Delaware Supreme Court on July 28 affirmed dismissal of a homeowner’s claims against his builder as barred by res judicata.
SEATTLE — A trial court properly rejected homeowners’ arguments that the limitations clause in a construction contract was unenforceable due to unconscionability and that the construction company was equitably estopped from raising it as a defense, a Washington appellate court affirmed July 19 in dismissing the complaint.
PHILADELPHIA — Homeowners filed a second amended complaint on July 9 against a home builder, following a federal judge in Pennsylvania’s June 28 ruling that vacated the dismissal with prejudice of unfair trade practice and fraudulent inducement claims but held that negligence and negligent supervision claims were barred by the economic loss/gist of action doctrine.
PHOENIX — Public policy does not permit a builder to disclaim an implied warranty of workmanship and habitability regardless of the express warranty signed by the homeowner, the Arizona Court of Appeals ruled July 29, reversing a superior court’s judgment.
NEW ORLEANS — The federal judge in Louisiana overseeing the Chinese drywall multidistrict litigation on July 29 denied a couple’s motion to revisit a summary judgment ruling, saying that the argument that he misapplied the subsequent purchaser doctrine did not involve new evidence or show a clear error in the ruling.
DETROIT — A divided Michigan appeals panel granted reconsideration of commercial building entities’ challenge to a lower court’s judgment that their claims related to collapse of a roof were barred by res judicata and its denial of sanctions under the offer-of-judgment rule, vacating the panel’s earlier judgment and issuing an unpublished July 22 opinion that, like its earlier ruling, affirmed the lower court’s decision.
SALEM, Ore. — A trial court erred in dismissing water damage claims by a condominium association against the company that provided tub shoes that were later found to be too short for the bathtubs in the units as time-barred as there is a genuine issue of material fact as to when the association should have known that those components were contributing to the problem, an Oregon Court of Appeals panel ruled July 8.
TALLAHASSEE, Fla. — A condominium association’s construction defect claim against a general contractor related to stucco was barred by the statute of limitations for latent defects, the Florida First District Court of Appeal affirmed June 2 in a per curiam opinion.
CARSON CITY, Nev. — The Nevada Supreme Court on July 29 affirmed a trial court’s grant of summary judgment to a developer and contractors who built the rock walls in a housing development on the ground that a homeowners association’s construction defects lawsuit is barred by the state’s six-year statute of repose.
LAKELAND, Fla. — Oral argument via video is set for Aug. 4 on claims that a lessee sustained a traumatic brain injury in a fall through an attic floor that allegedly had a latent design and construction defect, according to a docket entry in the Second District Florida Court of Appeal; in briefs before the appellate court, the builder and lessee sparred over whether the trial court correctly concluded that Hayslip v. U.S. Home Corp. “is not outcome determinative on this record” and ruled that an arbitration agreement between the builder and the lessor could not be enforced as to the lessee.
SAN FRANCISCO — The California Supreme Court on July 21 denied a petition for review filed by the president of a roofing company after he was found to be the company’s alter ego and held liable for an amended judgment in a case alleging that the unauthorized substitution of cheaper roof coating products resulted in leaks.
ATLANTA — The Georgia Court of Appeals on July 14 denied a motion to dismiss an appeal challenging a trial court’s order dismissing a construction defects case without prejudice and compelling arbitration, according to the court’s docket; the appeal centers on the business name used in the purchase agreement containing the arbitration clause.
SARASOTA, Fla. — A condominium association that sued the developer and various contractors in a Florida court alleging numerous construction defects filed an opposition on July 19 arguing for a second time that the developer is not entitled to attorney fees after presuit mediation and arbitration were ordered.
NEW CASTLE, Del. — With the undisputed evidence showing that a couple knew about water leaks in their home at least eight years before they sued construction companies, a trial court correctly awarded the companies summary judgment on negligent construction claims based on the three-year statute of limitations, the companies argue in a July 19 response brief to the couple’s appeal in the Delaware Supreme Court.
INDIANAPOLIS — Homeowners’ claim that a builder constructed portions of their home defectively and breached the parties’ contractual warranty failed because the homeowners did not provide notice and opportunity for the builder to fix the alleged defects, the Indiana Court of Appeals affirmed July 14, adding that the trial court’s application of the implied warranty of habitability would not change the result.
NEW ORLEANS — A couple has asked the federal judge Louisiana overseeing the Chinese drywall litigation multidistrict litigation to revisit a summary judgment ruling, saying he misapplied the subsequent purchaser doctrine. But in a July 13 response, the company says the couple never pursued an indemnification claim or argued that it interrupted prescription.
AUSTIN, Texas — A builder accused by a Texas couple of defective construction that caused hundreds of thousands of dollars in damage to their home on July 13 waived its right to respond to the couple’s motion for rehearing filed after a Texas appellate court on June 30 reversed a trial court’s order denying the builder’s plea in abatement and motion to compel arbitration.
ATLANTA — An 11th Circuit U.S. Court of Appeals panel ruling affirming an award of 45% of their attorney fees to global settlement class counsel is contrary to U.S. Supreme Court decisions and circuit precedent, individual counsel who negotiated private settlements in fractured multidistrict litigation against Chinese drywall manufacturers argue in a June 30 petition for rehearing and rehearing en banc.