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Mealey's Construction Defects

  • 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.).

  • September 12, 2018

    Construction Contract Limited Couple’s Time To Bring Defects Claims, Panel Says

    FRANKFORT, Ky. — A construction contract between a couple and a homebuilder unambiguously stated that any liability for construction defects was subject to a 12-month limited warranty, a Kentucky appeals panel ruled Sept. 7 in affirming the builder’s summary judgment award (Andy Pippin, et al. v. Owensboro Master Builder Inc., No. 2017-CA-000136-MR, Ky. App., 2018 Ky. App. Unpub. LEXIS 654).

  • September 11, 2018

    Couple’s Expert’s Testimony On Leaky Windows Is Reliable, Judge Finds

    BATON ROUGE, La.  — A couple’s expert’s testimony that windows made by Jeld Wen Inc. are defective is reliable, a federal judge in Louisiana ruled Sept. 10, finding that a test that is intended to provide a comprehensive methodology for evaluating water leakage through walls could be used to support his opinion (Ronald Leo, et al. v. Jeld Wen Inc., No. 16-00605-BAJ-EWD, M.D. La., 2018 U.S. Dist. LEXIS 154002).

  • September 10, 2018

    Judge Adopts Recommendation Finding Claims Against Roofing Subcontractor Untimely

    LAKE CHARLES, La. — A federal judge in Louisiana on Sept. 7 adopted a magistrate judge’s Aug. 16 recommendation to grant a roofing subcontractor’s motion for summary judgment on the ground that a couple’s suit claiming that a replacement roof was improperly installed on their home was filed beyond the one-year statute of limitations (Elmo Green, et al. v. Lowe’s Home Center LLC, et al., No. 16cv698, W.D. La., 2018 U.S. Dist. LEXIS 153240).

  • September 6, 2018

    Company Says Builder Failed To Remedy 143 Defects In $22M Home

    LOS ANGELES — A California company on Aug. 8 filed a lawsuit in state court against the developer, builder and subcontractors who performed work on a $22 million, 10,000-square-foot home, complaining that the defendants concealed defects in the installation of the home’s driveway, retaining wall and rain tank system and failed to repair 143 known construction defects (Victrola 89 LLC v. Jaman Properties 8 LLC, et al., No. BC 717254, Calif. Super., Los Angeles Co.).

  • September 5, 2018

    Man Voluntarily Dismisses Suit Against Shingle Maker Over Alleged Defects

    EAST ST. LOUIS, Ill. — A homeowner who claimed that roofing shingles made by Tamko Building Products Inc. cracked and fell apart prematurely on Aug. 31 voluntarily dismissed a class action lawsuit he brought against the company in Illinois federal court, months after a federal judge found that a request for class certification was moot due to a lack of plaintiffs with live claims (Richard Disher, et al. v. Tamko Building Products Inc., et al., No. 14-cv-00740, S.D. Ill.).

  • September 4, 2018

    Divided Massachusetts High Court Upholds Dismissal Of Faulty Wiring Suit

    BOSTON — A woman’s 2016 lawsuit claiming that the installation of faulty wiring by a subcontractor in 2001 caused a fire at her home in 2012 was properly dismissed by a trial court judge as untimely, a 4-3 Supreme Judicial Court of Massachusetts ruled Aug. 29, finding that the woman’s claim under Massachusetts’ Consumer Protection Law was “sufficiently tort like” and, thus, subject to the six-year statute of repose (Terry Bridgwood v. A.J. Wood Construction Inc., et al., No. SJC-12352, Mass. Sup., 2018 Mass. LEXIS 561).

  • September 4, 2018

    Roof Coating Maker Awarded Summary Judgment On Contractor’s Warranty Claims

    LEXINGTON, Ky. — The maker of an acrylic roof coating was awarded summary judgment on Aug. 30 by a federal judge in Kentucky after he found that a roofing contractor was unable to show that the manufacturer breached any warranty for the product regarding its inability to fully match the color of the existing coating as well as its specifications for the purpose of the project (Duke’s Roofing & Exterior Construction LLC v. Lexis Coatings LLC, No. 16-CV-432, E.D. Ky., 2018 U.S. Dist. LEXIS 148134).

  • September 4, 2018

    Roof Coating Maker Awarded Summary Judgment On Contractor’s Warranty Claims

    LEXINGTON, Ky. — The maker of an acrylic roof coating was awarded summary judgment on Aug. 30 by a federal judge in Kentucky after he found that a roofing contractor was unable to show that the manufacturer breached any warranty for the product regarding its inability to fully match the color of the existing coating as well as its specifications for the purpose of the project (Duke’s Roofing & Exterior Construction LLC v. Lexis Coatings LLC, No. 16-CV-432, E.D. Ky., 2018 U.S. Dist. LEXIS 148134).

  • August 30, 2018

    Man Sues Hurricane-Impact Windows, Door Maker, Installer Over Water Intrusion

    MIAMI— A man filed a lawsuit against a contractor hired to install hurricane-impact doors and windows and the maker of the products in Florida state court on Aug. 23, contending that the contractor breached the terms of their agreement and that the windows and doors were defective because they allowed water intrusion (Rafael P. Perez v. R.J.S. Consultants Inc., et al., No. 2018-028857-CA-01, Fla. Cir., Miami-Dade Co.).

  • August 30, 2018

    Couple’s Expert On Damages From Stucco Was Unreliable, Appeals Panel Says

    HARRIBURG, Pa. — A Pennsylvania appeals panel on Aug. 29 upheld a home builder’s summary judgment award, finding that the testimony of a couple’s expert on liability and damages from improperly installed stucco was unreliable because it was based only on the reports of experts (Du Phung, et al. v. The Cutler Group Inc., No. 621 EDA 2017, Pa. Super., 2018 Pa. Super. Unpub. LEXIS 3195).

  • August 29, 2018

    Judge Refuses To Remand Homeowners’ Suit Over Defective Slab Foundations

    RENO, Nev. — The amounts listed in prelitigation settlement demands submitted by homeowners to Lennar Reno LLC can be used to establish that the amount in controversy exceeds $75,000, a federal judge in Nevada ruled Aug. 27 in denying the plaintiffs’ motion to remand (William Kraus, et al. v. Lennar Reno LLC, et al., No. 18-cv-00120-MMD-WGC, D. Nev., 2018 U.S. Dist. LEXIS 145006).

  • August 28, 2018

    Texas Panel Vacates Couple’s Award Against Drywall Installer Over Peeling Paint

    AUSTIN, Texas — A Texas appeals panel on Aug. 28 vacated a verdict entered in favor of a couple who claimed that a drywall installer’s defective work caused paint to peel off the walls, holding that the plaintiffs’ experts failed to present sufficient testimony on proximate causation (River City Drywall LLC v. Eric Hanlon, et al., No. 03-17-00482-CV, Texas App., 3rd Dist., 2018 Tex. App. LEXIS 6837).

  • August 27, 2018

    Complex Owners Estopped From Refusing To Arbitrate Warranty, Conspiracy Claims

    CHARLOTTE, N.C. — A trial court judge in North Carolina on Aug. 24 stayed a construction defects lawsuit brought by the current owners of a 40-building apartment complex, finding that the plaintiffs’ breach of warranty and civil conspiracy claims against the builder of the complex as well as a subcontractor that provided soil services are subject to arbitration (Charlotte Student Housing District, et al. v. Choate Construction Co., et al., No. 18 CVS 5148, S.C. Super., Mecklenburg Co., 2018 NCBC LEXIS 88).

  • August 27, 2018

    South Carolina Man Says Son’s Exposure To Paint Remover Fumes Caused Death

    CHARLESTON, S.C. — A man sued W.M. Barr & Co. Inc. and Lowe’s Home Centers LLC on Aug. 10 in South Carolina federal court, alleging that his son’s exposure to the fumes of Goof-Off SS caused his death (Hal G. Wynne Jr. v. W.M. Barr & Co. Inc., et al., No. 18-cv-2203, D. S.C.).

  • August 22, 2018

    Judge Refuses To Remand Couple’s Suit Seeking To Vacate Arbitration Suit

    WILMINGTON, Del. — A couple’s lawsuit seeking to vacate an arbitration award over construction defects should not be remanded to state court, a federal judge in Delaware ruled Aug. 21 in adopting a magistrate judge’s recommendation and overruling the plaintiffs’ objections, holding that the magistrate properly found that the amount in controversy exceeds $75,000 and that complete diversity exists between the parties (Jason Jones, et al. v. Home Buyers Warranty, et al., No. 17-773-JFB,SRF, D. Del., 2018 U.S. Dist. LEXIS 141220).