Mealey's Construction Defects
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January 17, 2025
Local Controversy Exception Sends Development Class Action Back To State Court
ANDERSON/GREENWOOD, S.C. — A South Carolina federal judge has remanded a construction defect class action for a large residential development because the case qualified for the local controversy exception for removal under the Class Action Fairness Act (CAFA).
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January 13, 2025
Tennessee Panel Affirms Verdict Against Homebuilder, Orders Damages Reset
KNOXVILLE, Tenn. — The Tennessee Court of Appeals has upheld a breach of contract and fraudulent misrepresentation verdict against an unlicensed home contractor but remanded the construction defect case to the trial court for recalculation of compensatory damages.
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January 10, 2025
Louisiana Appeals Court: Arbitrator’s Nondisclosure Warranted Vacating Award
BATON ROUGE, La. — A Louisiana appeals court has affirmed a lower court’s vacating of a construction defect arbitration award because the arbitrator failed to disclose his past involvement in two arbitrations with the homebuilder.
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January 10, 2025
Florida Appeals Court Wipes $425,936 Contract Breach Award For Lack Of Time Frame
MIAMI — A Florida appeals court has reversed a $425,936 breach of contract award for homeowners in a construction defect lawsuit and ordered the trial court to enter judgment for the contractor because the plaintiffs failed to present testimony about when the alleged breach occurred.
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January 08, 2025
Mississippi Outlet Mall Defect Case Dismissed After Parties Reach Settlement
OXFORD, Miss. — A federal judge in Mississippi ordered the closure of a construction defect lawsuit filed by the developer of an outlet mall after being notified that the parties had reached a settlement.
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January 06, 2025
Michigan Appeals Court: Contractor’s Death Didn’t Make Contract Null And Void
LANSING, Mich. — A Michigan state appeals court says a clause in a home improvement contract did not act to make the agreement null and void after the sole proprietor’s death and to leave the homeowner unable to recover for alleged defects caused by subcontractors.
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January 03, 2025
Montana Supreme Court: Spray Foam Chemical Supplier Can’t Be Sued For Roof Defect
HELENA, Mont. — In a 4-3 decision, the Montana Supreme Court has ruled that Montana’s long-arm statute does not apply to the supplier of chemicals used to make spray-on polyurethane building insulation.
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December 20, 2024
Minnesota Appeals Court: Subcontractor Claims Filed Late, Aren’t Tolled
ST. PAUL, Minn. — The Minnesota Court of Appeals has affirmed summary judgment in favor of two subcontractor defendants in an apartment complex construction defect case, agreeing with a trial court that the allegations were made beyond the two-year statute of limitations in both Minnesota and North Dakota and declining to create and apply a tolling exception.
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December 19, 2024
Texas Appeals Court Vacates Bifurcation Of Condominium Construction Defects Claims
AUSTIN, Texas — The Texas Third District Court of Appeals on Dec. 18 said a trial court erred in bifurcating claims against third-party defendants in a condominium construction defects case, saying two trials before different juries would be inconvenient and prejudicial and would violate Texas’ proportionate liability scheme.
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December 19, 2024
Idaho High Court Affirms Construction Defect Claims Against Builder Are Time-Barred
BOISE, Idaho — The Idaho Supreme Court on Dec. 18 affirmed summary judgment in favor of a homebuilder in a construction defects suit, agreeing with the lower court that the homeowners’ claims are barred by the statute of limitations and rejecting the homeowners’ request to overrule J.R. Simplot Co. v. Chemetics Int’l, Inc. and adopt the repair doctrine.
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December 18, 2024
Colorado Federal Judge Denies Dismissal Of Polyethylene Pipe Defect Case
DENVER — A Colorado federal judge has denied a motion by a pipemaker to dismiss a plaintiff’s claims that polyethylene pipe failed and damaged his home, finding that the economic loss rule does not apply to a breach-of-implied-warranty claim.
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December 17, 2024
Massachusetts Magistrate Judge Compels Roof Material Maker To Disclose Documents
SPRINGFIELD, Mass. — A Massachusetts federal magistrate judge has granted an order compelling a roof coating maker to produce relevant documents in a construction defect suit and related insurance coverage litigation.
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December 13, 2024
Kansas Appeals Court Affirms Damages Against Stadium Sub, Remands Fee Issue
TOPEKA, Kan. — In a 20-year-old construction defect case, the Kansas Court of Appeals has affirmed the apportionment of damages due to a contractor by a subcontractor but remanded again an attorney fees issue.
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December 09, 2024
Louisiana Appeals Court: Trial Court Erred Dismissing Third-Party Concrete Parties
SHREVEPORT, La. — A Louisiana appellate court said a trial court erred in dismissing as premature complaints by a construction contractor against third-party defendants in a defective concrete case.
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December 09, 2024
Idaho Appeals Court: Driveway Claim Must Be Arbitrated Under Warranty
BOISE, Idaho — The Idaho Court of Appeals vacated and remanded a case involving an allegedly defective new home concrete driveway, finding that the claim must first go through a warranty that was purchased by the homeowner.
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December 06, 2024
North Carolina Appeals Court Affirms Arbitration Denial In Fort Bragg Defect Case
RALEIGH, N.C. — The North Carolina Court of Appeals has affirmed a trial court’s rulings denying a plaintiffs’ motions to compel arbitration of defective construction against three subcontractors.
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December 06, 2024
Connecticut Judge Enters $31,911 Default Judgment In Defective Home Roof Case
WATERBURY, Conn. — A Connecticut state trial court judge has entered a $31,911 default judgment in a case involving an allegedly defective home roof.
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December 04, 2024
Second Amended Complaint Against Development’s Contractors Will Proceed
TOMS RIVER, N.J. — A New Jersey judge denied a motion to dismiss a more than 600-page second amended complaint (SAC) filed against the developers, contractors and subcontractors involved in the construction of a residential development because the SAC was filed pursuant to a prior court order and includes additional details that are necessary for the court to determine if certain allegations are sufficiently pleaded.
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December 04, 2024
Connecticut Judge Says Contractor’s Work Was Not Shoddy Or Defective
HARTFORD, Conn. — A Connecticut state judge entered judgment in favor of a contractor and a remodeling company after determining that a property owner failed to show that the contractor’s work on an outdoor deck was defective and that the defective work required the property owner to have the deck rebuilt by another contractor at a cost of $60,000.
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November 25, 2024
Missouri Federal Judge Cuts, Keeps Claims In Roof Warranty Transfer Case
ST. LOUIS — A Missouri federal judge has dismissed some claims by a building owner against roofing manufacturer Centimark Corp. but let others stand.
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November 25, 2024
Idaho Appeals Court Affirms Arbitration Award, Grants Appeal Fees, Costs
BOISE, Idaho — An Idaho appeals court has affirmed an arbitration award in a five-building construction dispute and awarded the contractor appeal fees because the property owner was challenging unreviewable arbitration decisions.
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November 22, 2024
Kentucky Appeals Court Upholds Verdict For Roofing Contractor, Remands For Fees
FRANKFORT, Ky. — The Kentucky Court of Appeals has denied a couple’s appeal of a $30,000 verdict against them in a roofing dispute and reversed the trial court’s denial of attorney fees and costs for the contractor.
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November 15, 2024
Mississippi Federal Judge Denies Summary Judgment In Outlet Mall Defect Case
OXFORD, Miss. — A Mississippi federal judge has denied summary judgment to the builder of an outlet shopping mall in a construction defect lawsuit but granted summary judgment to caulking and hardscaping subcontractors the builder attempted to bring into the case.
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November 15, 2024
Contractor Owed $1.5 Million In Approved Change Orders, Louisiana Panel Rules
LAKE CHARLES, La. — Affirming a trial court’s ruling in favor of a contractor, a Louisiana appeals court panel found that under the terms of a contract for construction of an apartment building, $1.5 million in change orders, which were approved by all relevant parties, were “liquidated, due, and owing” to the contractor, per “relevant codal and jurisdictional authorities.”
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November 15, 2024
Vermont Judge: Firm Owed No Duty To New Owners Of Cold Storage Facility
WINDHAM, Vt. — A Vermont trial court judge has dismissed a building defect claim against an architectural/construction firm, saying the firm’s duties ran to the former owners of a cold storage facility and not to a company that bought the facility weeks later.