Mealey's Construction Defects

  • August 27, 2021

    San Diego Condo Defects Case Settles After Presuit Member Vote Rule Deemed Void

    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.

  • August 24, 2021

    Texas Panel Won’t Revisit Construction Defects Case Ruling On Certificates

    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.

  • August 13, 2021

    Delaware Supreme Court: Res Judicata Bars Claims Against Home Builder

    WILMINGTON, Del. — The Delaware Supreme Court on July 28 affirmed dismissal of a homeowner’s claims against his builder as barred by res judicata.

  • August 05, 2021

    Washington Panel: Construction Contract’s Limitation Period Is Enforceable

    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.

  • August 05, 2021

    Federal Judge In Pa. Rejects Homeowners’ Negligence Claims, Allows Unfair Practice Claims

    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.

  • August 04, 2021

    Arizona Appeals Court:  Builder Cannot Disclaim Implied Warranty Despite Homeowner’s Waiver

    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.

  • August 04, 2021

    Drywall MDL Judge: No Reconsidering Judgment On Subsequent Purchaser Argument

    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.

  • August 03, 2021

    Michigan Panel Still Affirms That Res Judicata Bars Roof Collapse Claims

    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.

  • August 03, 2021

    Oregon Appeals Court Reinstates Condo Group’s Claims Against Tub Shoe Provider

    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.

  • August 03, 2021

    Florida Appellate Court Affirms Statute Of Limitations Defense In Defect Suit

    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.

  • August 02, 2021

    Nevada High Court Says Homeowners Association’s Suit Over Rock Walls Untimely

    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.

  • July 30, 2021

    Oral Argument Set On Arbitration Clause In Home Defect, Lessee Injury Spat

    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.

  • July 30, 2021

    California High Court Won’t Review Alter-Ego Ruling In Roof Coating Dispute

    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.

  • July 28, 2021

    Georgia Appeals Court Denies Dismissal In Arbitration Order Challenge Based On Name

    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.

  • July 26, 2021

    Condo Association Opposes Attorney Fees For Developer After Arbitration Ordered

    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.

  • July 26, 2021

    Defects Claims ‘Conclusively’ Barred By Statute Of Limitations, Companies Argue

    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.

  • July 22, 2021

    Indiana Court: Breach Of Contract Claim Fails Because No Notice Of Defects Given

    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.

  • July 20, 2021

    Couple, Defendant Debate Subsequent Purchaser Rule In Drywall MDL

    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.

  • July 15, 2021

    Builder Waives Response To Homeowners’ Rehearing Motion In Texas Arbitration Appeal

    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.

  • July 14, 2021

    11th Circuit En Banc Rehearing Sought In Drywall Class Counsel Award

    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.

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