Newsletter RSS

Mealey's Construction Defects

  • August 31, 2023

    In Faulty Roofing Dispute, Kansas Federal Judge Keeps Documents Sealed

    KANSAS CITY, Kan. — Nine provisionally sealed documents containing details about whether a shingles manufacturer failed to disclose problems related to its defective shingles and compensate property owners injured by the alleged defective shingles should remain sealed because they are either unnecessary or duplicative or contain confidential information, a Kansas federal judge found in partly granting the manufacturer’s motion to seal.

  • August 30, 2023

    Maryland Federal Judge Dismisses Failed Retaining Wall Claims With Prejudice

    BALTIMORE — After two joint stipulations were filed stating that a settlement had been reached, a Maryland federal judge dismissed with prejudice claims between three companies arising from the allegedly defective construction of a retaining wall on a newly purchased property and released interlocutory liens placed on the property during litigation.

  • August 29, 2023

    Florida Federal Judge Terminates Certifying Agency From Brazilian Plywood Case

    FORT LAUDERDALE, Fla. — A plywood certifying agency that was alleged by a coalition of American plywood manufacturers to have certified substandard Brazilian structural plywood as meeting U.S. standards was terminated Aug. 28 by a Florida federal judge from the case brought against it after filing a joint motion to dismiss with the coalition.

  • August 29, 2023

    In Colo. Casino Construction Dispute, Not All Counterclaims Have Limited Damages

    DENVER — Not all counterclaims brought by the owners and operators of a casino who claim that a general contractor defectively constructed parts of their casino are subject to the actual damages limitations of Colorado’s Construction Defect Action Reform Act (CDARA) because some of the claims arise from the contractor’s alleged mismanagement of the project and not construction defects, a Colorado judge held in denying the contractor’s motion for a determination of law.

  • August 24, 2023

    In Leaking Roof Case, California Panel Says Arbitrator Did Not Exceed His Authority

    SACRAMENTO, Calif. — An arbitrator did not exceed his authority in denying a roofing company’s request for damages for breach of contract because the award was authorized by the terms of the subcontract between the roofing company and a general contractor that refused to pay the company full price for its work on a building that experienced leaks, a California panel held in affirming a trial court judgment confirming the award.

  • August 22, 2023

    Texas Panel:  Construction Defects Case Should Be Stayed In Favor Of Arbitration

    AMARILLO, Texas — Litigation concerning allegedly defective construction performed at a condominium complex should be stayed pending parallel arbitration proceedings because a decision made in one proceeding could materially affect the other, a Seventh District Texas Court of Appeals panel found Aug. 21 in reversing a trial court’s denial of a motion to stay the litigation.

  • August 22, 2023

    Mich. Federal Judge Renders Final Judgment In Defective Home Construction Dispute

    FLINT, Mich. — After a homebuilder dismissed its remaining claims with prejudice, a Michigan federal judge entered final judgment in its favor based on a summary judgment order in which the judge found that the homeowner cannot assert counterclaims for construction defects against the builder because he moved into a new home and therefore accepted its condition.

  • August 21, 2023

    N.C. Judge Dismisses Some Of Homeowners Associations’ Claims In Construction Case

    WILMINGTON, N.C. — Claims of breach of contract brought against the developer of a planned community by its homeowners association fail because the association failed to identify which provisions of the community’s declaration were breached by the developer when it allegedly oversaw the defective construction of common areas, a North Carolina federal judge held in ruling on two separate motions to dismiss filed by the developer and former board members of the association.

  • August 21, 2023

    Louisiana Federal Judge Says 2 General Contractors Cannot Testify About Causation

    LAKE CHARLES, La. — Two general contractors can testify about their field but not about what caused a sprinkler to become defective during the construction of a fitness club, a Louisiana federal judge found in partly granting a motion to exclude expert testimony filed by a subcontractor that installed the sprinkler and its insurer.

  • August 16, 2023

    Collateral Estoppel Does Not Bar Home Construction Claims, N.C. Panel Finds

    RALEIGH, N.C. — Defective home construction claims brought by a homeowner against a real estate agent are not barred by collateral estoppel because similar claims resolved through arbitration against the homebuilder ultimately concerned different duties and obligations, despite the fact that the agent and the builder shared common agents, a North Carolina panel held Aug. 15 in affirming a trial court’s judgment denying the agent’s motion for summary judgment.

  • August 10, 2023

    In Construction Dispute, Agency Relationship Binds Party To Arbitration Agreement

    TALLAHASSEE, Fla. — A company can be compelled to arbitrate even though it did not sign the contract for the sale of tiles used in a construction project that were allegedly defective because the project’s general contractor acted as the company’s agent when signing the contract with the tile manufacturer, a Florida appellate court panel found Aug. 9 in remanding a trial court’s decision.

  • August 10, 2023

    Minnesota Panel: Homeowner Can Recover Without Completion Of Construction

    ST. PAUL, Minn. — A trial court did not err in finding that a homeowner is entitled to recover on a breach of implied warranty claim against a builder who defectively repaired portions of his home because the builder failed to support with persuasive authority its argument that substantial completion of the construction is necessary to support the claim, a Minnesota appellate court panel found in affirming the trial court’s decision, which was based on a jury special verdict form.

  • August 04, 2023

    Texas Panel:  Summary Judgment Order In Construction Case Not A Final Judgment

    CORPUS CHRISTI, Texas — A Texas panel on Aug. 3 found that it did not have appellate jurisdiction to review a trial court’s summary judgment order because the order did not dispose of all the claims brought by the owner of a gym that allegedly suffers from latent construction defects.

  • August 03, 2023

    Fla. Federal Judge: Roofing Contractor Seeks To Relitigate Issues Already Decided

    FORT MYERS, Fla. — A Florida federal judge denied a motion for reconsideration filed by a roofing contractor that says roofing products it installed damaged two condominium properties because the motion was untimely and inappropriately sought reconsideration of an order dismissing claims from the contractor’s fourth amended complaint while a fifth amended complaint is currently operative.

  • August 01, 2023

    Magistrate Judge: Fees Not Available In Chinese Drywall Case With Appeal Pending

    MIAMI — The manufacturers of allegedly defective Chinese drywall are not entitled to attorney fees from the homeowners who claim that they were harmed by the drywall because the case is on appeal in the 11th Circuit U.S. Court of Appeals over the issue of subject matter jurisdiction, a Florida federal magistrate judge opined in recommending that the manufacturers’ motion be stayed until the appeal is exhausted.

  • July 31, 2023

    Alabama Federal Judge Dismisses Structural Defects Dispute Following Settlement

    OPELIKA, Ala. — After receiving notice from the parties that the matter had been settled, an Alabama federal judge dismissed with prejudice a negligence dispute between the owner of an apartment building that allegedly experienced structural defects and two engineering companies that designed the building.

  • July 28, 2023

    Florida Federal Judge Dismisses Chinese Drywall Case Following Stipulation

    FORT LAUDERDALE, Fla. — Following a joint stipulation of dismissal filed by the parties, a Florida federal judge dismissed with prejudice an action between a group of homeowners whose homes and personal health were allegedly affected by defective Chinese-manufactured drywall and the companies who advertised, sold and manufactured the drywall.

  • July 27, 2023

    Louisiana Federal Judge Denies Motion To Dismiss Negligent Roofing Installation Claim

    NEW ORLEANS — The owner of a commercial property and the operator of a nursing home on that property sufficiently alleged that a roofing manufacturer is vicariously liable for its employee’s allegedly negligent installation of roofing materials that damaged the nursing home and surrounding property during Hurricane Ida, a Louisiana federal judge held in denying the manufacturer’s motion to dismiss the plaintiffs’ negligence claim.

  • July 26, 2023

    Pa. Federal Judge Resolves 10 Motions In Limine Over Homes Damaged By Landslide

    PITTSBURGH — In an omnibus order, a Pennsylvania federal judge resolved 10 motions in limine filed by a plaintiff-homebuilder and a defendant-property developer that sought to preclude evidence, arguments and defenses relating to three newly constructed homes that were damaged by a landslide.

  • July 25, 2023

    In Construction Row, Mass. Federal Judge Says Builder Didn’t Allege Duty To Defend

    BOSTON — A construction company is not entitled to summary judgment on its breach of contractual duty to defend claims because it failed to raise the claims in its third-party complaint brought against subcontractors who are allegedly responsible for their portion of the defective construction of a 150-unit condominium complex for which the company was sued, a Massachusetts federal judge found in denying the company’s motion for partial summary judgment.

  • July 24, 2023

    In 3 Orders, New York Justice Dismisses Defective Home Renovation Claims

    NEW YORK — Two express trusts that purchased a newly renovated townhome lack standing to bring claims arising from the alleged defective renovation of the home because trusts lack standing to sue or be sued on their own, a New York justice found in granting three motions to dismiss in three separate orders filed in one case on the same day.

  • July 24, 2023

    La. Federal Judge:  Issue Of Fact Exists In Defective Sprinkler Installation Case

    LAKE CHARLES, La. — Summary judgment is not appropriate on a negligence claim brought against a subcontractor who is alleged to have defectively installed a sprinkler during the construction of a fitness club because the general contractor presented expert testimony and reports that created a genuine issue of material fact, a Louisiana federal judge found in partly granting the subcontractor’s motion for summary judgment.

  • July 21, 2023

    In Construction Defects Row, S.C. Panel Sets Off Some Damages From Settlements

    COLUMBIA, S.C. — A trial court erred by denying a roofing company a $500,000 setoff of damages resulting from the faulty construction of a condominium complex for which it was jointly and severally liable alongside a general contractor that entered a post-verdict settlement with the complex’s homeowners association, a South Carolina panel found in reversing the trial court’s judgment in part.

  • July 20, 2023

    Del. Judge: Employee Of Renovator Was Not Personally Responsible For Home Damage

    WILMINGTON, Del. — In granting a motion for summary judgment, a Delaware judge found that the sole owner and employee of a home renovation company was not personally responsible for damages caused during a home renovation project because the homeowners failed to provide any evidence that raised a genuine issue of material fact about whether the owner acted in her individual capacity or personally directed the company to act negligently during the project.

  • July 20, 2023

    After Mediation Fails, Florida Federal Judge Reopens Brazilian Plywood Case

    FORT LAUDERDALE, Fla. — A Florida federal judge reopened the case in which a coalition of American plywood manufacturers alleges that a plywood certifying agency certified substandard Brazilian structural plywood as meeting U.S. standards after the parties stated that they failed to resolve their dispute through mediation.

Can't find the article you're looking for? Click here to search the Mealey's Construction Defects archive.