Mealey's Construction Defects
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November 27, 2023
After Mediation, Florida Federal Judge Dismisses Roofing Products Dispute
FORT MYERS, Fla. — One day after a mediator filed a mediation report announcing that a roofing contractor and a manufacturer of roofing products had reached a full settlement, a Florida federal judge dismissed without prejudice the contractor’s claims that the manufacturers’ products damaged two condominium properties during a roofing repair job.
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November 27, 2023
In Miami Bridge Project Row, Federal Magistrate Judge Orders Production Of Reports
MIAMI — Minutes and monthly reports from the executive committee meetings of a joint venture in charge of constructing a major bridge in Miami, which has suffered construction setbacks, must be produced because the documents were prepared in the ordinary course of business pursuant to the terms of the joint venture agreement, a Florida federal magistrate judge found in granting a defendant-engineering firm’s motion to compel production.
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November 27, 2023
Florida Federal Judge: No Punitive Damages For Homeowner In Chinese Drywall Case
FORT MYERS, Fla. — A man whose home was affected by Chinese-manufactured drywall is not entitled to punitive damages because he failed to show by clear and convincing evidence that a previous punitive damages award against a manufacturer of the drywall was not sufficient, a Florida federal judge found in partly denying the man’s motion for summary judgment.
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November 17, 2023
Calif. Panel: COVID-19 Closures Did Not Toll Trial Deadline For Construction Case
SAN FRANCISCO — Courtroom closures caused by the COVID-19 pandemic did not toll the five-year deadline for commencing a civil trial because the failure to begin the trial in a construction defects action was caused by the two homeowners’ lack of diligence, a California appeals panel found in affirming eight mandatory dismissal orders entered by the trial court.
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November 16, 2023
In N.C. Federal Court, Parties Announce Settlement Of Construction Defects Case
ASHEVILLE, N.C. — In a certification of mediation report filed in North Carolina federal court, a custom homebuilder, its general contractor and a homeowning couple announced that they had settled a case in which the couple alleged that their home was defectively built and launched a website publicizing their allegations against the builder.
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November 16, 2023
Tenn. Federal Magistrate Judge: Gutter Dispute Should Be Transferred To Georgia
NASHVILLE, Tenn. — In considering a motion to dismiss or transfer, a Tennessee federal magistrate judge recommended transferring a case concerning allegedly defective gutter work on a home because the work was performed in Georgia and the defendant company was registered in Georgia.
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November 15, 2023
Magistrate Judge: Roofing Contractor Failed To File Proper Expert Report
FORT MYERS, Fla. — A federal magistrate judge struck a report and expert testimony offered by a roofing contractor that says roofing products it used during a repair job damaged two condominium properties because the contractor failed to provide several necessary elements in the report, including all the opinions on which the expert would testify.
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November 15, 2023
In Defective Window Clash, Magistrate Judge Says Negligence Claim Will Continue
JACKSONVILLE, Fla. — The economic loss rule and the independent tort doctrine do not bar a homeowning couple’s negligence claim brought against a company that installed windows and doors on their custom-built home because the couple alleged that the windows and doors damaged adjacent wood framing and the company breached duties beyond the contract between the parties, a Florida federal magistrate judge opined in recommending that the company’s motion to dismiss be denied.
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November 15, 2023
Alabama Federal Judge Orders Dismissal Of Chinese Drywall Case With Prejudice
MOBILE, Ala. — After receiving notice that the parties had reached a settlement, an Alabama federal judge ordered that a dispute between the producer of defective Chinese-manufactured drywall and a homeowning couple who alleged that the drywall damaged their home be dismissed with prejudice.
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November 10, 2023
Alaska Federal Judge Strikes Class Action Complaint In Defective Window Dispute
ANCHORAGE, Alaska — An Alaska federal judge struck a first amended class complaint filed by a homeowning couple who alleged that defective windows were installed on their home because the couple added allegations outside the scope of the judge’s previous order denying their motion to remand the case.
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November 09, 2023
California Panel: Builder Was Properly Served Despite Wrong Name In Complaint
FRESNO, Calif. — Even though a homebuilder was improperly named in a complaint alleging claims for construction defects, he was properly served because service was sent to the location of his business, which was properly named in the pleading, a California appellate panel found in affirming a trial court’s decision to deny the builder’s motion to vacate a default judgment.
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November 07, 2023
Ala. High Court: Contractor Failed To Timely Appeal Final Arbitrability Judgment
MONTGOMERY, Ala. — A majority of the Alabama Supreme Court did not address whether a trial court erred in denying a motion to compel arbitration filed by a contractor that allegedly performed defective renovation work on a home damaged by Hurricane Sally because the trial court had previously decided the issue of arbitrability in an earlier order, which the contractor failed to appeal.
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November 01, 2023
California Judge Overrules Demurrer In Dispute Over Solar Panel Installation
LOS ANGELES — In overruling a demurrer filed by the CEO of an electrical subcontractor that worked on the allegedly defective installation of a solar panel system on the roof of a home, a California judge found that the homeowner stated his causes of action in his first amended complaint and that the pleading was not uncertain to the point of incomprehensibility.
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October 31, 2023
Illinois Panel Won’t Award Fees Or Costs To Builder That Didn’t Comply With Award
CHICAGO — A homebuilder that succeeded in arbitration against homeowners who alleged that their home was defectively constructed is not entitled to post-judgment interest, attorney fees or costs because it failed to comply with a condition precedent in the arbitration award, an Illinois appellate court panel found in affirming a trial court’s judgment.
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October 30, 2023
N.Y. Justice Partly Grants Motion To Dismiss In Luxury Building Construction Clash
NEW YORK — The general contractor for the construction of a luxury residential building is not entitled to common-law indemnification from a subcontractor who worked on the project because the contractor oversaw and supervised the work that allegedly failed to comply with federal, state and local accessibility standards, a New York justice found in partly granting the subcontractor’s motion to dismiss.
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October 27, 2023
Coalition Responds To Motion To Dismiss In Brazilian Plywood Dispute
FORT LAUDERDALE, Fla. — A coalition of American plywood manufacturers who allege that an accreditor of plywood certifying agencies contributed to the certification of substandard Brazilian structural plywood as meeting U.S. standards responded Oct. 26 to a motion to dismiss the coalition’s claims of negligence and false advertising.
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October 27, 2023
In Modular Home Construction Case, N.Y. Justice Says Motion Lacked Factual Support
BROOKLYN, N.Y. — In denying a motion to dismiss filed by a company that allegedly failed to install portions of a modular home that was later said to be damaged by high humidity, a New York justice found that the company failed to authenticate any of the exhibits attached to the motion and said the documents had no evidentiary value.
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October 25, 2023
Federal Magistrate Judge Recommends Granting Chinese Drywall Makers Attorney Fees
TAMPA, Fla. — A Florida federal magistrate judge recommended granting a motion for attorney fees filed by the manufacturers of Chinese drywall under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) because several equitable factors weighed in their favor as opposed to the homeowners who alleged that the drywall damaged their home and caused them health problems.
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October 24, 2023
N.Y. Justice Denies Motion To Dismiss Indemnification Claims In Water Damage Clash
NEW YORK — A New York justice denied a demolition company’s motion to dismiss indemnification and contribution claims filed by a construction company that says the demolition work performed on a different floor of a building where it performed renovation work was the actual cause of water damage for which the construction company is being sued.
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October 24, 2023
New Jersey Panel: Construction Company Did Not Waive Arbitration Rights By Suing
TRENTON, N.J. — A construction company that is alleged to have negligently installed door products on a home did not waive its right to arbitrate when it originally sued the homeowner to collect payments for the products because the suit did not prejudice either party, a New Jersey panel found Oct. 23 in affirming a trial court’s decision in part.
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October 20, 2023
Calif. Judge: Owners Of Construction Company Failed To Plead Affirmative Defense
LOS ANGELES — Two owners of a construction company failed to plead sufficient facts in support of their affirmative defense that they entered into a novation and extinguished the contract they signed with two homeowners who sued the owners, the construction company and one of its affiliates for defectively renovating their home, a California judge found in granting the homeowners’ demurrer to the affirmative defense.
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October 19, 2023
Texas Panel: No Evidence Sellers Knew About Structural Defects In Fitness Center
CORPUS CHRISTI, Texas — A roof inspection report does not show that two sellers of a newly constructed home fitness center knew about structural defects in the building before selling it because the report did not mention any structural defects, a Texas panel found Oct. 19 in affirming a trial court’s judgment against the buyer, which claimed that it was induced to purchase the property based on misrepresentations about its condition.
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October 18, 2023
Tenn. Panel: Trial Court Properly Considered Testimony In Construction Dispute
NASHVILLE, Tenn. — A trial court did not err in considering the testimony of an expert contractor when determining the cost to repair construction defects in the flooring of a home’s foyer because the expert’s testimony was specifically offered for that issue, a Tennessee panel found in affirming a trial court’s decision to award more than $77,000 to a homeowner who sued the builder and its members after discovering the defects.
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October 17, 2023
Federal Judge: Chinese Drywall Is Not A ‘Good’ Under Alabama Law
MOBILE, Ala. — A manufacturer of defective Chinese-manufactured drywall is entitled to summary judgment on a breach of implied warranty claim brought by a homeowning couple who says the drywall damaged their home because such a claim applies only to goods and drywall ceases to be a good when it is affixed to a home, an Alabama federal judge found Oct. 16 in granting summary judgment in favor of the manufacturer.
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October 12, 2023
Pennsylvania Panel Remands Some Defective Home Construction Counterclaims
HARRISBURG, Pa. — A trial court erred in finding that a homeowning couple was required to plead specific legal theories in support of their construction defects counterclaims brought against a general contractor because Pennsylvania law requires only fact pleading, a Pennsylvania appellate court panel found in remanding some of the counterclaims to the trial court.