Mealey's Construction Defects

  • 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).

  • February 05, 2020

    Architecture Firm Says Owners’ Association Fails To State Negligence Claim

    MIAMI — An architecture firm on Jan. 24 moved for dismissal from a construction defects lawsuit in Florida state court, arguing that an owners association failed to sufficiently state a claim against it for professional negligence and that the allegations against it are “merely insufficient legal conclusions” (Midtown Doral Condominium 2 Association Inc. v. MD Residential II LLC, et al., No. 2019-035709-CA-01, Fla. Cir., 11th Cir., Miami-Dade Co.).

  • February 04, 2020

    Judge: Proposed Multistate Chinese Drywall Class Fails Predominance Requirement

    NEW ORLEANS — A federal judge in Louisiana on Jan. 28 denied certification of a proposed multistate class for homeowners who had allegedly defective drywall made in China installed in their homes, finding that the class failed to satisfy the predominance requirement of Federal Rule of Civil Procedure 23(b)(3) (In re:  Chinese Manufactured Drywall Products Liability Litigation, No. 09-md-2047, Elizabeth Bennett, et al. v. Gebr. Knauf Verwaltungsgesellschaft KG, et al., No. 14-2722, E.D. La.).

  • February 04, 2020

    Judge Approves $21M Settlement Between Bankrupt Developer, Subcontractors

    RALEIGH, N.C. — A federal bankruptcy court judge in North Carolina on Dec. 23 approved a $21 million settlement between a bankrupt developer and the parties who performed construction work at the SkySail Luxury Condominiums, holding that the terms of the agreement are fair and reasonable and in the best interests of the debtor’s bankruptcy estate (In re:  New Bern Riverfront Development LLC, Case No. 09-10340-8-SWH, Adversary Proceeding No. 10-00023-AP, E.D. N.C. Bkcy.).

  • February 03, 2020

    California Panel Finds Window Supplier Protected By Statute Of Repose

    SAN JOSE, Calif.  — A California appeals court panel on Jan. 30 upheld a trial court’s ruling that the 10-year statute of repose protects a company that provided allegedly defective windows and doors to a condominium complex during its construction, holding that the company provided more services than a typical supplier by regularly visiting the job site and taking specifications for the manufacturing of the custom windows and doors (Sutton Place of Santa Clara County Owners Association v. Jolene Kay Queen, No. H045422, Calif. App., 6th Div., 2020 Cal. App. Unpub. LEXIS 696).

  • January 31, 2020

    Association Sues Developer, Contractor Over Defects That Allowed Water Intrusion

    ST. PETERSBURG, Fla. — A condominium owners association on Jan. 6 sued the developer and builder of the Bliss Condominium in Florida state court, alleging that defects in the construction of the building have allowed water intrusion in the common areas of the complex, as well as in individual units (Bliss Condominium Association Inc. v. Taub Entities-St. Pete LLC, et al., No. 20-000074-CI, Fla. Cir., Pinellas Co.).

  • January 31, 2020

    Marriott Says Timeshare Owners’ Class Action Suit Belongs In Federal Court

    FLORENCE, S.C. — Marriott Ownership Resorts Inc. and Marriott Resorts Hospitality Corp. (collectively, Marriott) on Jan. 17 removed to South Carolina federal court a putative class action brought by a couple who owns a timeshare condominium at the OceanWatch Villas development, arguing that federal jurisdiction exists under the Class Action Fairness Act (CAFA) because the proposed class includes more than 100 members and seeks damages in excess of $5 million (Merle D. Russ, et al. v. Marriott Ownership Resorts Inc., et al., No. 20-cv-0187, D. S.C.).

  • January 30, 2020

    Bankruptcy Court Judge Denies Homebuilder’s Request To Reimpose Stay

    PHILADELPHIA — A federal bankruptcy judge in Pennsylvania on Jan. 29 denied a trustee’s motion to reimpose an automatic stay in the Chapter 7 bankruptcy proceedings of a homebuilder, finding that developments in state court construction defect cases are not in violation of a stay relief order (In re: Hudson Palmer Homes Inc., No. 18-17509, E.D. Pa. Bkcy., 2020 U.S. Bankr. 230).

  • January 30, 2020

    Military Housing Developer’s Lawsuit Over PEX Piping Survives Dismissal

    OKLAHOMA CITY — A federal judge in Oklahoma on Jan. 28 refused to dismiss a second amended complaint filed by the developer of housing for service members stationed at the Tinker Air Force Base (AFB) against the manufacturer of cross-linked polyethylene (PEX) tubing that allegedly prematurely ruptured and caused more than 200 water leaks in 2017, finding that the developer’s allegations are not untimely or barred by the economic loss doctrine (AMC West Housing LP v. Nibco Inc., No. CIV-18-959-D, W.D. Okla., 2020 U.S. Dist. LEXIS 13840).

  • January 27, 2020

    Judge Stays Defects Case Pending Completion Of Presuit Notice Requirements

    ATLANTA — A trial court judge in Georgia on Jan. 22 stayed a construction defects case pending the parties’ completion of notice requirements that say a couple must provide 90 days’ notice to a contractor before filing suit to allow the contractor to attempt to remedy the alleged defects (Christopher Melton, et al. v. Remediation Group Inc., No. 19-EV-006496, Ga. Super., Fulton Co.).

  • January 27, 2020

    Appeals Panel:  Parties’ Date Of Completion Did Not Start Statute Of Repose

    SAN DIEGO — A California appeals panel on Jan. 22 denied a general contractor’s request for a writ of mandate seeking to overturn a ruling denying its motion for summary judgment in a construction defects action, holding that a contractually agreed-upon date of substantial completion between it and the developer cannot start the running of the 10-year statute of repose (Hensel Phelps Construction Co. v. Superior Court of San Diego County, No. D076264, Calif. App., 4th Dist., 1st Div., 2020 Cal. App. LEXIS 52).

  • January 22, 2020

    Couple Tells 5th Circuit Their Redhibitory Defect Claim Over Windows Was Timely

    NEW ORLEANS — A couple tells the Fifth Circuit U.S. Court of Appeals in a Jan. 17 brief that they presented sufficient evidence to demonstrate that they did not discover a redhibitory defect in windows they purchased from Jeld-Wen Inc. that allowed for water intrusion until less than one year before filing suit and that they are entitled to a return of the purchase price of the windows and attorney fees (Ronald Leo, et al. v. Jeld-Wen Inc., No. 19-30761, 5th Cir.).

  • January 21, 2020

    Couple Says Defects Claims Are Not Untimely, Subject To Arbitration

    NEW CASTLE, Del. — A Delaware couple says in an opposition brief filed in state court on Jan. 9 that their lawsuit against their home builder over water intrusion is not subject to dismissal, arguing that their claims are not barred by the statute of limitations or subject to an arbitration clause in the home warranty (Ryan Altenbaugh, et al. v. Benchmark Builders Inc., et al., No. N19C-11-046, Del. Super., New Castle Co.).

  • January 17, 2020

    Minnesota High Court: Buildings In Complex Have Different Limitations Periods

    ST. PAUL, Minn. — The Minnesota Supreme Court on Jan. 15 vacated in part and affirmed in part a ruling finding that an association of condominium unit owners’ construction defects claims were barred by the 10-year statute of repose, holding that the limitations period for each building begins upon substantial completion and that the limitations period for each unit does not begin when it is purchased (Village Lofts at St. Anthony Falls Association v. Housing Partners III-Lofts LLC, et al., No. A18-0256, Minn. Sup., 2020 Minn. LEXIS 6).