Mealey's Construction Defects

  • March 19, 2020

    Church Sues Roofing Contractor, Says Repair Attempts Worsened Water Leaks

    WILMINGTON, Del. — A church sued a contractor it hired to repair a leaking roof in Delaware state court on March 16, complaining that the work failed to repair the problem and actually worsened the water infiltration issue, resulting in additional interior damage (Cathedral of Fresh Fire Inc. v. Warren Lunbeck, No. N20C-03-151, Del. Super., New Castle Co.).

  • March 19, 2020

    Couple Stipulates To Dismiss Class Action Suit Over Allegedly Defective Shingles

    SEATTLE — A Washington couple on March 5 stipulated to dismiss with prejudice their claims against the manufacturer of allegedly defective shingles that suffered from severe granule loss that resulted in premature deterioration and water infiltration before the expiration of the product’s 30-year limited warranty (Paula Wetzel, et al. v. Certainteed Corp., No. 16-cv-01160-JLR, W.D. Wash.).

  • March 10, 2020

    New Jersey Appeals Panel Agrees That Woman’s Expert Unable To Link Defects, Mold

    TRENTON, N.J.— A New Jersey appeals court panel on March 6 affirmed the dismissal of a woman’s lawsuit accusing U.S. Home Corp., doing business as Lennar, of construction defects that resulted in water intrusion and mold growth, finding that her expert’s testimony was unable to establish proximate causation (Joann Wean v. U.S. Home Corp., et al., No. A-5521-17T3, N.J. Super., App. Div.).

  • March 05, 2020

    Man Sues Window Maker, Installer Over Defects That Caused Water Intrusion

    CHARLESTON, S.C. — A South Carolina man filed a lawsuit on Feb. 11 in state court against the maker of 90 windows that were installed in his home, alleging that defects in the design and installation of the windows allowed for water intrusion leading to damage to other components of the structure (Charles P. Darby III v. Marvin Windows Inc., et al., No. 2020-CP-10-0765, S.C. Comm. Pls., 9th Dist., Charleston Co.).

  • March 05, 2020

    General Contractor Files Third-Party Complaint Against Subcontractors Over Defects

    WILMINGTON, Del.  — A general contractor named as a defendant in an action brought by three couples complaining of construction defects that led to water intrusion in their homes on Feb. 28 filed a third-party complaint in Delaware state court seeking indemnification and contribution against six subcontractors who performed work on the houses (Greg Porter, et al. v. Capano Homes Inc., No. N19C-04-208, Del. Super., New Castle Co.).

  • March 05, 2020

    Panel: Building Owner Waived Arguments Over Instruction That Reduced Damages

    SAN FRANCISCO — A California appeals panel on Feb. 10 affirmed a verdict awarding a building owner $344,571.82 in damages for alleged construction defects, finding that the plaintiff building owner waived its arguments on appeal regarding the use of a special verdict form that allowed the jury to allocate negligence between the parties (VillaSport LLC v. Colorado Structures Inc., No. A150372, Calif. App., 1st Dist., 2nd Div., 2020 Cal. Unpub. LEXIS 971).

  • March 05, 2020

    Developers Seek Dismissal From Class Action Over Mold At Air Force Base

    TAMPA, Fla. — Two developers named as defendants in a class action lawsuit brought by current and former residents of housing MacDill Air Force Base filed motions to dismiss Feb. 14 in federal court in Florida, arguing that the plaintiffs are unable to state claims against them (Joshua Lenz, et al. v. Michaels Organization LLC, et al., No. 19-cv-2970-T-30, M.D. Fla.).

  • March 04, 2020

    Couple’s Claims Against Home Builder Subject To Arbitration, Judge Rules

    STAMFORD, Conn. — A trial court judge in Connecticut on Feb. 10 denied a couple’s application for prejudgment remedy (PJR), ruling that their claims against a homebuilder over alleged construction defects are subject to arbitration pursuant to the construction contract (Deborah McIvor, et al. v. Stellar Homes LLC, et al., No. CV19-5022492-S, Conn. Super., Stamford-Norwalk Dist.).

  • March 02, 2020

    Illinois Panel Finds Limitations Period Does Not Begin At Completion Date

    OTTAWA, Ill. — An Illinois appeals panel on Feb. 28 answered a certified question in a municipality’s lawsuit arising from the allegedly defective construction of a sewer system of the construction defects and held that the statute of limitations on the plaintiff’s claims begins to run when it discovered the alleged defects rather than the date of the project’s completion (Village of Onarga v. Atlas Excavation Inc., et al., No. 3-18-0716, Ill. App., 3rd Dist., 2020 Ill. App. Unpub. LEXIS 344).

  • February 27, 2020

    N.J. Panel:  No Evidence That Subcontractors’ Stucco Work Caused Water Leaks

    TRENTON, N.J. — A New Jersey appeals panel on Feb. 26 affirmed rulings awarding summary judgment to subcontractors who performed stucco work on an active adult community, finding that a report prepared by an owners association’s expert did not demonstrate that the subcontractors’ work was deficient and the cause of water leaks in individual units (Xanadu at Wall Condominium Association Inc. v. Amboy Bank, et al., No. A-0666-18T3, N.J. Super., App. Div., 2020 N.J. Super. Unpub. LEXIS 396).

  • February 26, 2020

    Subsequent Buyers Of Home Sue Over Defects Leading To Water Intrusion

    SAN FRANCISCO — A couple who purchased a home in San Francisco in 2016 from the original purchasers sued the developer and builder of the home in California state court on Feb. 7, complaining that defects in the construction of the home have resulted in water intrusion and property damage (Michael J. Moats, et al. v. Michael Tsang, et al., No. CGC-20-582811, Calif. Super., San Francisco Co.).

  • February 26, 2020

    Couple: Improper Installation Of Home’s Features Violates Building Code

    CHARLESTON, S.C. — A South Carolina couple filed a lawsuit in state court on Jan. 29 against the general contractor and a number of subcontractors who worked on the construction of their home, complaining that the improper installation of a number of the home’s features, including an elevator and fireplace, resulted in violations of the state’s building code, as well as industry standards (James Byerly, et al. v. Saltwater Homes LLC, et al., No. 2020-CP-1000560, S.C. Cir., 9th Jud. Dist.., Charleston Co.).

  • February 24, 2020

    Fee Dispute Among Firms Must Be Arbitrated, Chinese Drywall MDL Judge Says

    NEW ORLEANS — The federal judge in Louisiana overseeing lawsuits stemming from allegedly defective drywall made in China on Feb. 20 ruled that a fee dispute between two law firms should be arbitrated because the agreement between the parties contained an arbitration provision (In re:  Chinese-Manufactured Drywall Products Liability Litigation, MDL 2047, E.D. La.).

  • February 20, 2020

    Developers Say Association’s Motion To Strike Dismissal Motion ‘Inefficient’

    NEW CASTLE, Del. — The developers of a condominium complex allegedly riddled with construction defects say in a Feb. 19 brief filed in Delaware state court that an owners’ association’s motion to strike their motion to dismiss is an “inefficient use of judicial resources” because the plaintiff should have simply filed an opposition to the motion (Hudson Village Condominium Association Inc. v. Hudson Village Development Corp., et al., No. N19C-04-147 CLS, Del. Super., New Castle Co.).

  • February 20, 2020

    Chinese Drywall MDL Judge Finds Florida Plaintiffs’ Suits Timely

    NEW ORLEANS — The federal judge in Louisiana overseeing lawsuits over Chinese-made drywall that allegedly emitted noxious odors and caused wiring of appliances to malfunction on Feb. 14 denied all but one of 14 motions for summary judgment brought by one manufacturer that argued that the lawsuits brought by Florida homeowners after a $1.1 billion nationwide settlement in 2011 were barred by the state’s four-year statute of limitations, holding that the lawsuits were timely (In re: Chinese-Manufactured Drywall Products Liability Litigation [Elizabeth Bennett, et al. v. Gebr. Knauf Verwaltungsgesellschaft KG, et al.], MDL 2047, No. 14-2722, E.D. La.).

  • February 12, 2020

    Judge:  Completion Of Home’s Construction Not A Condition For Payment

    CHICAGO — A federal judge in Illinois on Feb. 10 awarded summary judgment to a seller of manufactured homes accused of construction and structural defects, finding that a man breached the terms of the construction agreement by failing to pay for the building because a certificate of completion was not a precedent to payment under the contract (Christopher Stoller v. CMH Manufacturing West Inc., No. 18 C 0047, N.D. Ill., 2020 U.S. Dist. LEXIS 22334).

  • February 10, 2020

    Master In Chancery Recommends Denying Builder’s Motion To Dismiss Mold Suit

    GEORGETOWN, Del. — A Master in Chancery in Delaware on Feb. 6 recommended denying a motion to dismiss filed by a homebuilder accused of failing to inform a buyer about mold infestation in a home, concluding that the court had subject matter jurisdiction and that the plaintiff sufficiently stated claims for trespass and negligent misrepresentation (Cynthia R. Kane v. NVR Inc., No. 2019-0569-PWG, Del. Chanc., 2020 Del. Ch. LEXIS 54).

  • February 06, 2020

    Faulty Installation Of Roof, HVAC System, Stucco Allegedly Caused Water Damage

    GREENVILLE, S.C. — A condominium owners association sued the developers, general contractor, architects and subcontractors that installed a building’s roof, stucco and heating, ventilation and air conditioning (HVAC) system in South Carolina state court on Jan. 7, complaining that defects in the construction of the building resulted in water intrusion that damaged the common areas and individual units (121 Rhett Street Owners’ Association v. Croft Company Inc., et al., NO. 2020-CP-2300087, S.C. Comm. Pls., 13th Jud. Cir., Greenville Co.).

  • February 06, 2020

    Couple: Construction Defects Caused Water Intrusion, Loss Of Home’s Value

    CHARLESTON, S.C. — A couple sued the developer, general contractor and 15 unnamed subcontractors in South Carolina state court on Jan. 15, complaining that defects in the construction of their home resulted in water intrusion and loss of value (McKinnsey Patterson, et al. v. New Leaf Builders LLC, et al., No. 2020-CP-1000280, S.C. Comm. Pls., Charleston Co.).

  • February 06, 2020

    Man Dismisses Lawsuit Against Window Maker After Reaching Settlement

    AUSTIN, Texas — A man and the manufacturer of allegedly defective windows on Jan. 14 agreed to dismiss with prejudice a lawsuit that was removed to Texas federal court after informing the judge that they had reached a settlement (Bobby Schmidt v. Jeld-Wen Inc., No. 19-cv-00998, W.D. Texas).