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Mealey's Construction Defects

  • March 13, 2018

    Appeals Court Affirms Woman’s Award For Breach Of Construction Contracts

    ATLANTA — A Georgia appellate panel on Feb. 27 affirmed a trial court judge’s decision to award $38,084.08 in damages for a contractor’s breach of two construction contracts, finding that a plaintiff presented sufficient evidence showing that the work did not comply with the terms of the agreements (Kirk Blackmon, et al. v. Irma Pena, No. A17A1500, Ga. App., 4th Div., 2018 Ga. App. LEXIS 164).

  • March 1, 2018

    Magistrate: Tubing Makers Cannot Seek Indemnification From Complex’s Management

    PITTSBURGH — A federal magistrate judge in Pennsylvania on Feb. 26 recommended dismissing claims for indemnification sought by two manufacturers of corrugated stainless steel tubing (CSST) because their theories of liability against the management and subcontractors who installed the product at a condominium complex that caught fire were neither primary nor secondary to each other (Adams Pointe I LP, et al. v. Tru-Flex Metal Hose Corp., et al., No. 16-CV-00750-CB, W.D. Pa., 2018 U.S. Dist. LEXIS 31539).

  • February 28, 2018

    Man Says Builder Violated Building Code When Improperly Installing Stucco

    ORLANDO, Fla. — A Florida man sued Beazer Home Corp. in state court Feb. 16, complaining that the builder breached the terms of a construction agreement and violated the Florida Building Code when improperly installing the stucco of his home (Rayan Garib v. Beazer Homes Corp., No. 2018-CA-001728A, Fla. Cir., Orange Co.).

  • February 27, 2018

    Sprinkler Installer Could Face Liability For Premature Installation, Judge Says

    RIVERHEAD, N.Y.— A subcontractor who prematurely installed a lawn sprinkler system could be liable for indemnification of other subcontractors accused of defective construction, a New York state court justice ruled Feb. 14, holding that there is sufficient evidence showing that the early installation of the three-phase system could have caused the problems (Michael Spano, et al. v. AM Sutton Architect PC., et al., No. 12-5308, N.Y. Sup., Suffolk Co., 2018 N.Y. Misc. LEXIS 612).

  • February 27, 2018

    Homebuilder Sues Plumbing Subcontractor Over Backup Of Drainage Water

    KENNEWICK, Wash. — A homebuilder filed a lawsuit against a plumbing subcontractor in Washington state court Jan. 26, arguing that the subcontractor breached the terms of a master form trade agreement when improperly installing a sewage line that caused a backup of drainage water (StoneCrest Builders Inc v. David Patrick McMahon, et al., No. 18-2-00239, Wash. Super., Benton Co.)

  • February 26, 2018

    U.S. Supreme Court Denies Builder’s Request To Review Ruling On Arbitration Clause

    WASHINGTON, D.C. — The U.S. Supreme Court on Feb. 26 denied a condominium builder’s petition seeking review of an Illinois appeals court’s ruling that allowed for the retroactive application of an owners’ association’s post-complaint decision to remove an arbitration provision from a condominium declaration (Siena at Old Orchard LLC, et al. v Siena at Old Orchard Condominium Association, et al., No. 17-922, U.S. Sup.).

  • February 26, 2018

    New Hampshire High Court Affirms Shingle Maker’s Summary Judgment Award

    CONCORD, N.H.— The New Hampshire Supreme Court on Jan. 26 affirmed a shingle manufacturer’s motion for summary judgment, holding that a couple was unable to provide any documents stating that the company expressly warranted that its shingles would last 30-35 years (James Faro, et al. v. Iko Industries Inc., No. 2017-0325, N.H. Sup., 2018 N.H. LEXIS 12).

  • February 21, 2018

    Judge Finds Majority Of Claims Against Composite Deck Maker Are Untimely

    BOSTON — A federal judge in Massachusetts on Feb. 15 dismissed breach of implied warranty claims brought by three of four leading plaintiffs in a class action suit over allegedly faulty composite decking that prematurely swells and cracks, finding that the claims were untimely because they accrued at the time the plaintiffs discovered the defects (Anthony Pagliaroni, et al. v. Mastic Home Exteriors Inc., et al., No. 12-10164-DJC, D. Mass., 2018 U.S. Dist. LEXIS 250096).

  • February 20, 2018

    Pennsylvania Appeals Court Orders New Trial For Stainless Steel Tubing Maker

    PHILADELPHIA — A trial court judge erred when denying a corrugated stainless steel tube (CSST) manufacturer’s motion for a new products liability trial because the jury was improperly instructed on whether the product was unreasonably dangerous, a Pennsylvania appeals panel held Feb. 16 in reversing a $1 million verdict against the company (Terence D. Tincher, et al. v. Omega Flex Inc., No. 1285 EDA 2016, Pa. Super., 2018 Pa. Super. LEXIS 117).

  • February 15, 2018

    Woman Files Class Action Suit Over Sherwin-Williams’ Dock, Deck Resurfacer

    CHICAGO — Two dock and deck resurfacing products made by Sherwin-Williams Co. and its subsidiaries are allegedly defective because they prematurely peel, bubble and crack, allowing the elements to penetrate the surface, a woman says in a nationwide class action suit filed Feb. 13 in Illinois federal court (Regan Sluder, et al. v. Sherwin-Williams Co., et al., No. 18-1121, N.D. Ill.).

  • February 14, 2018

    Couple, Supplier Cannot Pursue Claims Against Drywall Maker, MDL Judge Says

    NEW ORLEANS — A Louisiana couple and the contractor who installed Chinese-manufactured drywall in their home cannot pursue claims against the manufacturer, the federal judge in Louisiana overseeing litigation stemming from the product ruled Feb. 9, holding that their claims are barred by a settlement agreement that was executed in February 2013 (In re:  Chinese-Manufactured Drywall Products Liability Litigation, MDL 2047, E.D. La., 2018 U.S. Dist. LEXIS 21561).

  • February 13, 2018

    Utah Supreme Court Finds Developer Did Not Assign Rights To Owners Association

    SALT LAKE CITY — A homeowners association lacked privity to sue a developer over construction defects, the Utah Supreme Court ruled Feb. 9, holding that the declaration the developer wrote establishing the creation of the association did not transfer any rights to sue (Gables at Sterling Village Homeowners Association Inc. v. Castlewood-Sterling Village I LLC, et al., No. 2016-0100, Utah Sup., 2018 U.S. App. LEXIS 3204).

  • February 13, 2018

    Hotel’s Third-Party Complaints Against Architects Dismissed By Judge

    ST. THOMAS, Virgin Islands — A federal judge in the Virgin Islands on Feb. 9 dismissed third-party indemnification lawsuits filed by Marriott Ownership Resorts Inc. against the architect and consulting firm that oversaw the design and installation of a hotel’s roof and rain gutters after finding that the hotel operator failed to seek leave from the court before filing the complaints (Henry McAlarney v. Roy’s Construction, et al., No. 2015-64, D. Virgin Islands, 2018 U.S. Dist. LEXIS 20647).

  • February 12, 2018

    Pella To Settle Suit Over ProLine Windows For $25.75M, Plaintiffs Say

    CHICAGO — Pella Corp. has agreed to pay $25.75 million to resolve claims from homeowners alleging that the company’s ProLine series of windows were defective by allowing water to intrude the casing, causing wood rot, plaintiffs say in a Feb. 8 brief filed in Illinois federal court seeking approval of the agreement (Kent Eubank, et al. v. Pella Corp., No. 06 C 4481, N.D. Ill.).

  • February 7, 2018

    Judge Dismisses Lawyer, Lender From Defects Suit, Orders Arbitration

    GREENBELT, Md. — A federal judge in Maryland on Feb. 2 dismissed with prejudice a man’s construction defects lawsuit accusing a lawyer and lender of violating the Truth in Lending Act (TILA) and ordered the plaintiff to arbitrate his claims against the home builder (Maurice Washington v. Lennar Corp., et al., No. 17-0079, D. Md., 2018 U.S. Dist. LEXIS 18943).

  • February 5, 2018

    Building Code Violations Do Not Toll Statute Of Repose, Judge Says

    BEAUFORT, S.C. — A federal judge in South Carolina on Feb. 1 upheld his earlier ruling finding that the state’s eight-year statute of repose barred breach of contract and breach of express and implied warranties claims asserted against an architecture firm and contractor accused of construction defects, finding that alleged building code violations did not toll the statute (Hampton Hall LLC v. Chapman Coyle Chapman & Associates Architects AIA Inc., et al., No. 17-1575, D. S.C., 2018 U.S. Dist. LEXIS 17795).

  • February 2, 2018

    Couple’s Claim Against Tile Installer Untimely, Appeals Court Finds

    SACRAMENTO, Calif. — A trial court judge did not err when finding that a couple’s lawsuit accusing a tile subcontractor of negligently installing a marble floor in their bathroom was untimely, a California appeals panel ruled Jan. 31, finding that the subcontractor’s refusal to make repairs did not toll the statute of limitations (Annette Elissagaray v. Venice Tile & Marble Inc., No. C077595, Calif. App., 3rd Dist., 2018 Calif. App. Unpub. LEXIS 686).

  • January 31, 2018

    Plaintiffs Say Judge Erred When Finding Label Disclosed Actual Size Of Lumber

    CHICAGO — A pair of plaintiffs told the Seventh Circuit U.S. Court of Appeals in a Jan. 25 brief that a federal judge in Illinois erred when dismissing their class action suit after he found that the labels for dimensional lumber were not inadequate and in violation of the Illinois Consumer Fraud Act (ICFA) (Michael Fuchs, et al. v. Menard Inc., No. 17-3260, 7th Cir.).

  • January 31, 2018

    Couple, Siding Maker Agree To Dismiss Suit Over Defects

    PENSACOLA, Fla.  — A couple and the manufacturer of siding that allegedly peels, cracks, and chips prior to the expiration of its warranty on Jan. 5 agreed to dismiss a state court lawsuit, with each party to pay their own costs (Larry Matthews, et al. v. J.D. Hardie Building Products Inc., No. 16-000534, Fla. Cir., Santa Rosa Co.).

  • January 31, 2018

    Panel: Judge Erred When Reducing Stipulated Costs For Damages To Common Areas

    HARRISBURG, Pa. — A Pennsylvania appeals panel on Jan. 16 reversed a trial court judge’s decision that a condominium association should not receive $905,985 in stipulated damages to repair defects in common areas of the complex, finding that the judge was not free to disregard the parties’ agreement (Hillside Villas Condominium Association v. Bottaro Development Co., et al., Nos. 615 CD 2017, 616 CD 2017, Pa. Cmwlth., 2018 Pa. Commw. LEXIS 43).