Mealey's Construction Defects

  • October 18, 2019

    Window Maker Says Diversity, Damages Warrant Removal Of Defects Suit

    AUSTIN, Texas — Jeld-Wen Inc. says in a notice of removal filed in Texas federal court on Oct. 15 that a man’s lawsuit accusing it of manufacturing defective windows should proceed in federal court based on complete diversity and because he is seeking damages in excess of $75,000 (Bobby Schmidt v. Jeld-Wen Inc., No. 19-cv-00998, W.D. Texas).

  • October 18, 2019

    Texas High Court Will Review Dismissal Of Suit Against Spray Foam Maker

    AUSTIN, Texas — The Texas Supreme Court on Oct. 4 agreed to review a ruling dismissing a couple’s lawsuit against the Connecticut-based maker of spray foam insulation on the ground that the trial court lacked jurisdiction over the suit because the manufacturer is not based in Texas (Frank Luciano, et al. v. Sprayfoampolymers.com LLC, No. 18-0350, Texas Sup.).

  • October 16, 2019

    Class Seeks Preliminary Approval Of $30M Settlement With Lumber Liquidators

    SAN FRANCISCO — A class of consumers on Oct. 4 asked a federal judge in California to preliminarily approve a $30 million settlement with Lumber Liquidators Inc. to resolve claims that defective flooring made by the company allegedly scratched easily and splintered (Dana Gold, et al. v. Lumber Liquidators Inc., No. 14-cv-5373, N.D. Calif.).

  • October 15, 2019

    Couple Sues Home Builder, Subcontractor Over Squeaking Floor

    WILMINGTON, Del. — A Delaware couple sued the builder of their home and the subcontractor that installed the hardwood flooring in state court on Oct. 14, complaining that the defendants were unable to fix “excessive and objectionable floor squeaking” (Edward Gillin, et al. v. Benchmark Builders Inc., et al., No. N19C-10-110, Del. Super., New Castle Co.).

  • October 14, 2019

    Couple Cannot Argue That Lack Of Permit Constituted Defect, Judge Says

    DENVER — A federal judge in Colorado on Oct. 10 granted a couple’s motion in limine to preclude evidence that their failure to obtain a building permit when finishing their basement constituted a latent defect that should have been disclosed when selling their home to another couple, arguing that the evidence cannot support the plaintiffs’ claims for fraud and breach of contract (Steven Hardy, et al. v. Mervin J. Flood, et al., No. 17-cv-00677, D. Colo., 2019 U.S. Dist. LEXIS 177603).

  • October 03, 2019

    Home Builder Sues 6 Subcontractors Over Defects That Caused Water Intrusion

    MARIETTA, Ga. — Home builder Pulte Home Co. LLC sued six subcontractors in Georgia state court on Sept. 27, claiming that they have refused to help repair or contribute to the cost of repairing defective work they performed at a townhome community that caused water intrusion leading to damage to wood floors and window and door framing (Pulte Home Company LLC v. Stonecreek Masonry LLC, et al., No. 19107154, Ga. Super., Cobb Co.).

  • October 03, 2019

    Appeals Panel: Developer Must Still Contribute To Builder’s Payment For Defects

    DENVER — A Colorado appeals panel on Sept. 5 rejected a developer’s argument that a release in a settlement with homeowners who complained that their homes were built on sinking soil precluded it from contributing to damages a builder was ordered to pay to the homeowners as part of an arbitration award, finding that the developer and builder were found jointly liable for damages (LB Rose Ranch LLC v. Hansen Construction Inc., No. 18CA0269, Colo. App., 7th Div., 2019 Colo. App. LEXIS 1334).

  • October 03, 2019

    Magistrate Denies Architecture Firm’s Motion To Intervene In Defects Suit

    HATTIESBURG, Miss. — A federal magistrate judge in Mississippi on Sept. 23 denied an architecture firm’s motion to intervene in a construction defects lawsuit over water intrusion at an apartment complex, finding that its interests are adequately represented by other subcontractors named as defendants in the suit (Cross Creek Multifamily LLC v. ICI Construction Inc., et al., No. 18-cv-83, S.D. Miss., 2019 U.S. Dist. LEXIS 161879).

  • October 02, 2019

    Couple Says Contractor Should Pay More Attorney Fees For Remodeling Defects

    SAN FRANCISCO — A California couple tells an appeals panel in a brief filed Sept. 3 that a trial court judge erred when ordering a general contractor to pay $218,185.50 in attorney fees after they prevailed at trial, arguing that the construction contract between the parties contained a provision that required the contractor to pay all attorney fees if it is not the prevailing party (Philip Stolp, et al. v. Murphy-True Inc., No. A155426, Calif. App., 1st Dist., 1st Div., 2019 CA App. Ct. Briefs LEXIS 4848).

  • October 01, 2019

    Illinois Panel Upholds Judgment Against Woman Who Sold Home With Defects

    CHICAGO — An Illinois woman who failed to inform a couple of construction defects in a renovated home can be held liable for violating the Illinois Consumer Fraud Act (ICFA), a state appeals panel ruled Sept. 26, finding that the seller’s conduct occurred in the course of trade or commerce because she purchased homes for the purpose of selling them at a profit (Adam Pack, et al. v. Magdalena Maslikiewicz, No. 1-18-2447, Ill. App., 1st Dist., 4th Div., 2019 Ill. App. LEXIS 794).

  • October 01, 2019

    Judge Refuses To Dismiss Suit Against Maker Of Modular Home That Leaked

    BOSTON — A federal judge in Massachusetts on Sept. 30 denied a motion to dismiss filed by the successor to a company that manufactured an allegedly defective modular home that had a leaky roof, finding that the man sufficiently stated a claim against the company and that it did not inform the plaintiff that its predecessor was in bankruptcy proceedings (William F. Solfisburg v. Glenco Inc., et al., No. 18-cv-10266-IT, D. Mass., 2019 U.S. Dist. LEXIS 167933).

  • September 26, 2019

    New Jersey Panel Affirms Dismissal Of Consumer Fraud Claims Over Septic Systems

    TRENTON, N.J. — A New Jersey appeals court panel on Sept. 24 upheld rulings from two judges who awarded summary judgment to Beazer Homes Corp. on New Jersey Consumer Fraud Act (CFA) claims brought by homeowners complaining about the builder’s failure to inform them about what type of septic system was installed in their homes, finding that the claims were barred by the 10-year statute of repose and that the plaintiffs failed to allege that the builder engaged in a deceptive act (Randal Allen, et al. v. Beazer Homes Corp., Nos. A-5576-17T3, A-5579-17T3, A-5581-17T3, N.J. Super., App. Div., 2019 N.J. Super. Unpub. LEXIS 1951).

  • September 20, 2019

    Air Force Housing Provider’s Claims Against PEX Piping Maker Deemed Untimely

    OKLAHOMA CITY — A federal judge in Oklahoma on Sept. 19 dismissed without prejudice a lawsuit brought by a company that provides housing for individuals living at the Tinker Air Force Base (AFB) against the manufacturer of cross-linked polyethylene (PEX) piping that was installed in 398 homes, ruling that the action was barred by the statute of limitations because leaks allegedly caused by defects in the pipe occurred in 2009 (AMC West Housing LP v. Nibco Inc., No. CIV-18-959-D, W.D. Okla., 2019 U.S. Dist. LEXIS 158670).

  • September 17, 2019

    Jury Says Design Company Should Pay $5.7M Over Construction Defects

    ATLANTA — A federal jury in Georgia on Sept. 16 ordered a firm that specializes in designing chemical engineering plants to pay $5.75 million to an energy company that accused it of creating plans that resulted in the improper installation of piping and defective construction of compressor foundations of a liquid ammonium nitrate solution plant in Tennessee, finding that the defendant company breached the terms of the contract between the parties (US Nitrogen LLC v. Weatherly Inc., No. 16-cv-00462, N.D. Ga.).

  • September 10, 2019

    Dismissal Of General Contractor’s Third-Party Suit Affirmed By Utah Panel

    SALT LAKE CITY — A Utah appeals court panel on Sept. 6 affirmed the dismissal of a general contractor’s third-party lawsuit against a number of subcontractors as untimely under the statute of repose, holding that the action was filed six years after the issuance of certificates of occupancy and because the subcontractors were not named as defendants in the original lawsuit (Blueridge Homes Inc., et al. v. Method Air Heating & Air Conditioning, et al., No 20180310-CA, Utah App., 2019 Utah App. LEXIS 152).

  • September 03, 2019

    Plaintiffs, Joist Maker Agree To Dismiss Class Action

    DENVER — The manufacturer of joists that allegedly emit excessive amounts of formaldehyde fumes and homeowners who contend that the fumes made their homes uninhabitable agreed to dismiss claims in a class action filed in Colorado federal court, according to a stipulation of dismissal filed Aug. 30 (Matt Walewski, et al. v. Weyerhaeuser NR Co., No. 17-cv-01940, D. Colo.).

  • September 03, 2019

    California Panel Finds Couple’s 2nd Lawsuit Over Home Defects Barred

    SAN FRANCISCO — A California appeals panel on Aug. 30 upheld a trial court judge’s rulings granting motions for demurrer filed by a developer and two real estate agents, finding that a couple’s second lawsuit over alleged defects in the construction of the home was barred by the statute of limitations and the doctrine of res judicata (Ronald Hogan, et al. v. DeAngelis Construction Inc., et al., No. A152771, Calif. App., 1st Dist., 2nd Div., 2019 Cal. App. Unpub. LEXIS 5854).

  • September 03, 2019

    Couple Sues Builder, Home Inspector, Agent Over Water Infiltration Issues

    HACKENSACK, N.J. — A couple sued a construction company, a home inspection company and a real estate agent in New Jersey state court on Aug. 23, complaining that the defendants failed to disclose that the home suffered from water infiltration issues (Trajan Langdon, et al. v. Efim Gilin, et al., No. BER-L-006080-19, N.J. Super., Bergen Co.).

  • August 30, 2019

    Builder:  Couple’s Request To Rescind Sales Agreement Is Worth More Than $75,000

    CINCINNATI — NVR Inc., doing business as Ryan Homes, on Aug. 29 removed a couple’s construction defects suit to federal court in Ohio, arguing that their request to rescind the purchase agreement for the home exceeds the $75,000 jurisdictional threshold because they agreed to pay $364,410 (Michael Amos, et al. v. NVR Inc., No. 19-cv-719, S.D. Ohio).

  • August 27, 2019

    Judge Denies Couple’s, Window Maker’s Requests For New Trial

    BATON ROUGE, La. — A federal judge in Louisiana on Aug. 16 denied motions filed by a couple, as well as the maker of allegedly defective windows, to alter a jury’s verdict or order a new trial, holding that the jury did not err in finding that the couple’s redhibitory defect claim was untimely and that the window maker should pay $335,000 for breaching the express warranty for the windows (Ronald Leo, et al. v. Jeld-Wen Inc., No. 16-cv-00605, M.D. La., 2019 U.S. Dist. LEXIS 139358).