Mealey's Construction Defects

  • April 02, 2019

    Owners Of 63 Townhomes Settle Class Action Suit Over Water Infiltration

    WILMINGTON, Del. — According to a March 8 docket entry in Delaware state court, a couple leading a proposed class of 63 townhome owners suing a developer and other third parties over construction defects that resulted in water infiltration and damage to laminate veneer lumber (LVL) that is holding the second- and third-floor terraces on the buildings have agreed to settle the action (Jason Jones, et al. v. BPG Residential Partners IV LLC, et al., No. N15C-10-131 WCC, Del. Super., New Castle Co.).

  • April 02, 2019

    Couple Sues Contractor Over Construction Defects, Failure To Complete Addition

    ARLINGTON, Va. — A Virginia couple sued a general contractor in state court on March 20, alleging that the defendant failed to complete a three-story addition to their home and that the work done was defective (Archie Attarian, et al. v. Old Dominion Custom Homes LLC, No. CLI19000930-00, Va. Cir., Arlington Co.).

  • April 02, 2019

    California Panel Finds Subcontractor Not Prevailing Party In Defects Dispute

    SAN DIEGO — A California appeals panel on March 29 affirmed a trial court judge’s ruling that a window and sliding door subcontractor was not a prevailing party in a countersuit brought by D.R. Horton Los Angeles Holding Co. Inc. seeking indemnification and defense of a construction defects suit, finding that the subcontractor did not timely raise an affirmative defense under California Civil Code Section 1717(b)(2) or properly tender an amount of costs to the court (D.R. Horton Los Angeles Holding Co. Inc. v. Milgard Manufacturing Inc., No. D074889, Calif. App., 4th Dist., 1st Div., 2019 Cal. App. Unpub. LEXIS 2266).

  • April 01, 2019

    Couple’s Negligence Claim Over Defectively Installed Roof Prescribed, Judge Says

    LAKE CHARLES, La. — A federal judge in Louisiana on March 27 ruled that while Lowe’s Home Centers LLC was entitled to summary judgment on a couple’s tort claim arising from the allegedly defective installation of the roof on their home because the cause of action was prescribed by the state’s one-year limitations period, the couple’s complaint supports a claim for breach of contract against the retailer (Elmo Green, et al. v. Lowe’s Home Centers LLC, No. 16-cv-0698, W.D. La., 2019 U.S. Dist. LEXIS 53363).

  • March 27, 2019

    Contractor Say Woman’s Request To Transfer Defects Suit Unsupported, Untimely

    RICHMOND, Texas — A contractor accused of defective workmanship on a woman’s home says in a March 25 brief filed in Texas state court that the plaintiff’s choice of venue cannot be disturbed because she did not file an affidavit in support of her motion to transfer the action to a different court and because the parties have already filed motions (Erica Lemon v. James Brazelton, No. 18-DCV-254286, Texas Dist., Fort Bend Co.).

  • March 26, 2019

    Developer’s Motion To Dismiss Defects Suit Denied By Judge

    GREENBELT, Md. — A federal judge in Maryland on March 20 denied a developer’s motion to dismiss a lawsuit accusing it of violating the Maryland Consumer Protection Act by failing to inform unit owners that a condominium complex was built without weather-resistant barriers, finding that the association’s claims are not barred by the state’s 10-year statute of repose limit (Council of Unit Owners of Milestone Townhouse Condominiums v. Beazer Homes LLC, No. GJH-18-1572, D. Md., 2019 U.S. Dist. LEXIS 45914).

  • March 21, 2019

    California Appeals Panel Vacates Ruling Denying Arbitration In Defects Suit

    RIVERSIDE, Calif. — A trial court judge in California erred when denying a portion of a combined motion filed by homeowners seeking to compel either judicial reference or arbitration of their construction defects claims against the builder of their homes, a state appeals court panel ruled March 18, finding that the conditions, covenants and restrictions (CC&Rs) between the builder and the homeowners call for arbitration (Theresa Baldwin, et al. v. Woodside 05S L.P., et al., No. E068267, Calif. App., 4th Dist., 2nd Div., 2019 Cal. App. Unpub. LEXIS 1804).

  • March 19, 2019

    Illinois Panel Dismisses Appeal Of Ruling Denying Arbitration Of Defect Claims

    CHICAGO — An Illinois appeals panel on March 15 dismissed two appeals brought by the developer and general contractor of a condominium building over a judge’s denial of a motion to dismiss and compel arbitration of a construction defects lawsuit, holding that it did not have jurisdiction over the case because the defendants did not seek appeal of the ruling within 30 days (Library Tower Condominium Association v. Library Tower LLC, et al., Nos. 1-18-1035, 1-18-1049, Ill. App., 1st Dist., 6th Div., 2019 Ill. App. Unpub. LEXIS 433).

  • March 15, 2019

    Tennessee Panel Orders Reduction Of Damages For Defective Roof Installation

    JACKSON, Tenn. — A Tennessee appeals court panel on March 13 ordered a trial court judge to reduce a $118,926.12 award of damages issued to a man who sued a contractor over a defectively installed roof, holding that amounts for remediation from two companies were duplicative and the cost of replacing the man’s hardwood flooring was unnecessary (Patrick Durkin v. MTown Construction LLC, No. W2018-0953-COA-R3-CV, Tenn. App., 2019 Tenn. App. LEXIS 127).

  • March 14, 2019

    Lumber Liquidators To Pay $33M Penalty For Securities Violations

    WASHINGTON, D.C. — Lumber Liquidators Holdings Inc. will pay $33 million in total penalties as part of a deferred prosecution agreement with federal prosecutors over the company’s role in a securities fraud scheme in which it misrepresented to investors that its Chinese-manufactured laminate flooring complied with California Air Resources Board (CARB) regulations, according to documents filed in Virginia federal court on March 12 (United States v. Lumber Liquidators Holdings Inc., No. 19-cr-52, E.D. Va.).

  • February 28, 2019

    Contractors Seek Reversal Of Ruling Denying Motion To Compel Arbitration

    LOS ANGELES — The vice president of two contracting companies told a California appeals court on Jan. 25 that a trial court judge erred when denying a motion to compel arbitration, arguing that the third-party litigation doctrine is inapplicable because the plaintiffs’ claims against contractors who did not sign the construction contract were significantly intertwined with those against the contractor who signed agreement (David Garelick, et al. v. Ron Bernards, et al., No. B288358, Calif. App., 2nd Dist., 1st Div., 2019 Cal. App. Ct. Briefs LEXIS 538).

  • February 27, 2019

    Judge Adopts Recommendation Allowing Contract, Warranty Claims Against Builder

    PITTSBURGH — A federal judge in Pennsylvania on Feb. 12 adopted a magistrate judge’s Jan. 11 report and recommendation that says a couple should be allowed to pursue their claims for breach of contract and breach of express and implied warranties against their home builder over defects in the flooring installed in their home, as well as the heating, air conditioning and ventilation system (Nicholas Tripodes, et al. v. NVR Inc., et al., No. 18-1131, W.D. Pa., 2019 U.S. Dist. LEXIS 22103).

  • February 27, 2019

    Texas Panel Says Missing Certificates Of Merit Warrant Dismissal With Prejudice

    HOUSTON — A trial court judge in Texas did not abuse his discretion when dismissing with prejudice a lawsuit brought by Texas Southern University (TSU) against the parties who designed and built the university’s School of Public Affairs, a state appeals court panel ruled Feb. 26, finding that the school was unable to demonstrate why it was entitled to extensions to file certificates of merit in support of its allegations that the defendants were liable for construction defects (Texas Southern University v. Kirksey Architects Inc., et al., No. 14-18-00146-CV, Texas App., 14th Dist., 2019 Tex. App. LEXIS 1390).

  • February 26, 2019

    Woman Sues Angie’s List, Roofing Supply Makers Over Recommending Contractor

    ROCK HILL, S.C. — A South Carolina woman sued a roofing contractor who failed to complete work on her home, as well as Angie’s List Inc. and the manufacturers of the roofing supplies, in federal court Feb. 22, arguing that she based her decision to hire the contractor on the defendants’ representations that the contractor was a certified master elite contractor, a member of the Platinum Preferred Contractor program, and on Angie’s List Honor Roll (Lori Saylor v. Kemp Custom Homes Inc., et al., No. 19-cv-00548-MGL, D. S.C.).

  • February 25, 2019

    Virginia High Court Finds Couple Should Arbitrate Claims Against Home Builder

    RICHMOND, Va. — The Virginia Supreme Court on Feb. 21 vacated a trial court judge’s ruling denying a home builder’s motion to compel arbitration of a construction defects lawsuit, finding that an arbitrator should interpret the provision and decide if the doctrine of impossibility is applicable (Brush Arbor Home Construction LLC v. Andrea Alexander, et al., No. 180454, Va. Sup., 2019 Va. LEXIS 13).

  • February 22, 2019

    Building Owner Sues Contractor Over Defects, Billing Practices

    SAN FRANCISCO — A property owner in San Francisco on Feb. 1 sued in California state court a contractor it hired to design and renovate a historic three-story, four-unit building over construction defects and for submitting bills for work that was not completed (Augusta Legacy San Francisco Properties LLC v. Sigura Construction Inc., No. CGC-19-573477, Calif. Super., San Francisco Co.).

  • February 22, 2019

    Couple: Stucco Remediator’s Work Defective, Caused Water Infiltration

    WILMINGTON, Del. — A Delaware couple filed a lawsuit in state court Feb. 15 against a company that conducted stucco remediation on a home in 2014, complaining that the work was defective because it allowed for water infiltration (Daniel Callahan, et al. v. TBS Construction LLC, No. N19C-02-143, Del. Super., New Castle Co.).

  • February 19, 2019

    Property Manager’s Contract, Warranty Claims Against Builder Untimely, Judge Says

    GREENBELT, Md. — A property manager’s claims for breach of contract and breach of warranty over defects in the construction of a home on Andrews Air Force Base is untimely, a federal judge in Maryland ruled Feb. 14, holding that the plaintiff company was not a party to the construction contract and that it failed to bring the suit within two years of the construction of the house (AMC East Communities LLC, et al. v. Sundt Construction Inc., No. TDC-17-3598, D. Md., 2019 U.S. Dist. LEXIS 25398).

  • February 15, 2019

    Minnesota Panel Upholds Ruling That Statute Of Repose Bars Association’s Claims

    ST. PAUL, Minn. — A condominium owners association’s common-law claims were properly found to be barred by the state’s 10-year statute of repose, a Minnesota appeals panel ruled Feb. 7, holding that the complex’s two buildings were separate improvements to real property and that the limitations period began to run when the certificates of occupancy were issued for each building (Village Lofts at St. Anthony Falls Association v. Housing Partners III-Lofts LLC, et al., No. A18-0256, Minn. App., 2019 Minn. App. LEXIS 51).

  • February 13, 2019

    California High Court Refuses To Review Ruling Dismissing Class Action Over Valves

    SAN FRANCISCO — The California Supreme Court on Jan. 30 denied a petition filed by two condominium owners claiming that their homes were damaged as a result of defective valves and caps made by Kohler Co. that sought review of an appeal’s court’s ruling that the Right to Repair Act does not allow the plaintiffs to pursue class action claims against the manufacturer because the product was made offsite before being installed in the homes (Kohler Co. v. Superior Court, No. S253173, Calif. Sup., 2019 Cal. LEXIS 711).

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