Mealey's Construction Defects : Mealey's : Legal News & Analysis

Mealey's Construction Defects

April 04, 2024
In Faulty Roofing Dispute, Kansas Federal Judge Rules On 2 Motions

KANSAS CITY, Kan. — In two separate orders filed the same day, a Kansas federal judge partly granted a motion for summary judgment and denied a motion for class certification in a dispute brought by a group of property owners against a roofing manufacturer over the company’s allegedly faulty shingles.
March 27, 2024
Stucco Company Is Liable For Damages Caused By Predecessor, Connecticut Judge Rules

MERIDEN, Conn. — A stucco company is liable for an outstanding judgment entered against its predecessor-in-interest for defective work performed on a construction project because the company is essentially a continuation of its predecessor, a Connecticut judge found in entering judgment against the company.
March 25, 2024
Connecticut Judge Says Water Intrusion Claims Are Barred By Statutes Of Limitations

STAMFORD, Conn. — In mostly granting a motion for summary judgment filed by a general contractor that allegedly performed defective masonry rehabilitation work on a condominium building, a Connecticut judge found that the various claims raised by the building’s homeowners association are time-barred by the statutes of limitations and repose because they were filed more than 10 years after the work was completed.
March 21, 2024
In Construction Dispute, Pennsylvania Federal Judge Dismisses Third-Party Claims

PHILADELPHIA — An engineering firm that was sued for its allegedly defective design of a heating, ventilation and air conditioning (HVAC) system in a large apartment building failed to sufficiently state third-party claims for contribution and indemnification against the general contractor that oversaw the building’s construction because the firm failed to support all elements of the claims with factual allegations, a Pennsylvania federal judge found in granting the contractor’s motion to dismiss without prejudice.
March 20, 2024
Louisiana Federal Judge Dismisses Third-Party Claims In Manufactured Home Dispute

SHREVEPORT, La. — After previously dismissing all claims arising from the alleged defective construction of a modular home brought by a homeowner against two companies, a Louisiana federal judge granted an unopposed motion to dismiss filed by a third-party defendant that was sued by one of the companies for allegedly manufacturing the home.
March 20, 2024
Georgia Federal Judge: Developer Is Not Entitled To Amend Years After Deadline

ATLANTA — A developer that originally filed claims for indemnity against a subcontractor for allegedly defective construction work more than nine years ago is not entitled to leave to amend its complaint in light of a Georgia Supreme Court ruling because allowing amendment at this stage would cause undue delay and prejudice to the subcontractor, a Georgia federal judge found in denying the developer’s motion for leave to amend.
March 19, 2024
Homeowning Company Dismisses Its Appeal In Chinese Drywall Dispute

TAMPA, Fla. — A company that says it purchased a home that suffers from defectively manufactured Chinese drywall voluntarily dismissed its appeal to the 11th Circuit U.S Court of Appeals in which it sought review of an order denying its motion for reconsideration, an order granting summary judgment in favor of the drywall manufacturer on statute of limitations grounds and a final judgment, all entered by a Florida federal trial court.
March 18, 2024
Custom Home Is A Product Under Economic Loss Doctrine, Wisconsin Panel Concludes

WAUSAU, Wis. — A company that essentially acted as the general contractor for the construction of a custom home is barred under the economic loss doctrine from recovering damages arising from alleged water intrusion at the home because the home itself is a product for the purposes of the doctrine, a Wisconsin panel found in affirming a trial court’s judgment.
March 14, 2024
Ohio Federal Magistrate Judge Rules On Summary Judgment Motions In Roofing Dispute

COLUMBUS, Ohio — In ruling on two motions for summary judgment, an Ohio federal magistrate judge found that a shingles manufacturer is entitled to summary judgment on all claims brought against it by a homeowning couple because they failed to present any evidence showing that the shingles used on their home’s roof were defective.
March 13, 2024
Colorado Legislature Considers Competing Bills For Construction Litigation Reform

DENVER— Two bills currently under consideration by the Colorado General Assembly would change the scope and procedure of construction defects litigation in the state; one bill generally favors builders while the other generally favors homeowners.
March 12, 2024
Utah High Court: Trial Court Applied Correct Interest Rate In Construction Case

SALT LAKE CITY — A trial court did not err in applying Utah’s post-judgment interest rate when domesticating a judgment from a Hawaii court based on an arbitration award resolving a construction defects dispute because post-judgment interest is a procedural enforcement mechanism governed by Utah law, the Utah Supreme Court found in affirming the trial court’s judgment.
March 11, 2024
Chicago Settles Case Against Rehab Companies, Creates Fund For Affected Homeowners

CHICAGO — Chicago has resolved claims it filed in Illinois state court against two construction companies that purportedly performed 150 home rehabilitations projects in the city without proper permits and established a restitution fund for homeowners to remediate construction defects in homes where the companies worked.
March 11, 2024
Following Settlement, Maryland Federal Judge Dismisses Failed Retaining Wall Case

BALTIMORE — After the parties submitted to a settlement conference following several days of a bench trial, a Maryland federal judge dismissed with prejudice claims arising from the allegedly defective construction of a retaining wall on a newly purchased property.
March 06, 2024
Ga. Panel: Jurisdiction Over Window Manufacturer In Construction Row Is Proper

ATLANTA — A trial court did not err in denying a window manufacturer’s motion to open default based on lack of personal jurisdiction because the manufacturer performed business in Georgia by using an agent in the state that allegedly failed to properly install the manufacturer’s windows during a home renovation project, a Georgia appeals panel found in affirming the trial court’s judgment in part.
March 06, 2024
Right To Arbitrate Roofing Claims Was Not Waived, Ohio Panel Concludes

CLEVELAND — The owner and principal of a company did not waive his right to arbitrate claims arising from the construction of a roof that was later damaged by filing suit against the roofer through his company before filing a second lawsuit because he did so in order to enforce an arbitration clause in the contract between the parties that did not identify the company, an Ohio appeals court panel found in affirming a trial court’s judgment.
March 01, 2024
9th Circuit Stays Construction Appeal In Light Of Pending Rule 54 Motion

RENO, Nev. — The Ninth Circuit U.S. Court of Appeals stayed an appeal in which a builder that allegedly failed to properly construct a large distribution center asks whether a Nevada federal court erred in finding that the builder’s cross-claims for indemnification and contribution against a subcontractor that worked on the project were time-barred, saying the builder’s motion to certify the ruling as a final judgment is pending in the trial court.
February 28, 2024
Florida Panel: Credit Agreement Did Not Negate Certain Construction Claims

WEST PALM BEACH, Fla. — Third-party claims for breach of implied contract and negligence brought by a general contractor against a subcontractor that both worked on an allegedly defective home construction project were not negated by the terms of a credit agreement signed by the two parties because the credit agreement did not apply to the parties’ implied contract and the general contractor pleaded alternative forms of duty, a Florida appeals court panel found in partly reversing a trial court’s decision to grant the subcontractor’s motion to dismiss.
February 22, 2024
Magistrate: Lead Case Against The Presidio Not Barred By Federal Tort Claims Act

SAN FRANCISCO — A federal magistrate judge in California has denied a motion to dismiss a lawsuit for lead-paint poisoning brought by tenants who rent a home in the Presidio, a federal enclave administered by the Presidio Trust, ruling that the claims are not barred by the Federal Tort Claims Act (FTCA). However, the magistrate judge dismissed claims for punitive damages and claims against one of the contractors for emotional distress and nuisance, ruling that they were duplicative of other claims.
February 22, 2024
West Virginia Federal Judge Dismisses Roofing Repair Dispute After Settlement

HUNTINGTON, W.Va. — After the parties filed a proposed agreed order of dismissal, a West Virginia federal judge dismissed with prejudice claims arising from allegedly defective roof repair work performed by a roofer on a company’s office building.
February 22, 2024
Texas Panel: Builder Did Not Waive Right To Arbitrate Construction Defects Claims

CORPUS CHRISTI, Texas — A builder did not waive its right to arbitrate by failing to set a hearing for its motion to compel arbitration of construction defects claims for almost two years because the builder’s litigation conduct did not clearly demonstrate that it intended to waive any right, a Texas panel found in reversing a trial court’s judgment.
February 22, 2024
Homeowner Awarded Nearly $300,000 After Contractor’s Default In Connecticut Court

NEW HAVEN, Conn. — A homeowner is entitled to nearly $300,000 in damages, punitive damages, costs and attorney fees after a contractor defaulted on claims brought against it for defective repairs and renovations performed on a home that was damaged by a tornado.
February 21, 2024
Questions Of Fact Exist About Termination Of Construction Contract, Conn. Judge Says

STAMFORD, Conn. — A builder that allegedly performed defective construction work at a new home is not entitled to summary judgment on the claims brought against it by the homeowner because questions of fact exist about whether the builder should have been given an opportunity to cure the defects before the contract between the parties was terminated and more, a Connecticut judge found in denying the builder’s motion for summary judgment.
February 21, 2024
In Construction Row, Calif. Panel Won’t Disrupt Jury Findings On Limitations Period

SAN FRANCISCO — The evidentiary record did not fail to support a jury’s findings that construction defects claims arising from alleged water intrusion at an apartment complex are time-barred by the applicable 10-year statute of limitations, a California panel found in affirming a trial court’s judgment.
February 21, 2024
Owner Of 43-Story Boston Building Files Suit Over Plumbing Systems Defects

BOSTON — The owner of a new 43-story skyscraper in Boston known as One Congress has sued two companies in Massachusetts state court, alleging that they failed to properly design plumbing and high-pressure water systems within the building, which caused construction delays and other damages.
February 21, 2024
Pennsylvania Federal Judge: Man Lacks Standing To Bring Defective Lumber Claims

PITTSBURGH — A man who claims that a lumber company failed to adequately dry lumber before delivering it to a new home construction site does not have prudential standing to assert his claims because he does not own the property on which the home was built, a Pennsylvania federal judge found in granting the lumber company’s motion for summary judgment.