Mealey's Construction Defects
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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.
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November 15, 2024
Iowa Appeals Court Backs Concrete Judgment, Vacates Consumer Law Violation
DES MOINES, Iowa — An Iowa appeals court has affirmed a breach of contract judgment involving a residential concrete project but has reversed a state consumer law violation finding and an associated attorney fee award and ordered the trial court to allow the joining of third-party defendants.
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November 08, 2024
Texas Appeals Court Backs $1.19M Judgment For Nonpayment To Builder
HOUSTON — A Texas appeals court has affirmed a $1.19 million judgment against the owner of a large home for failing to pay a contractor due to alleged construction defects, finding that most issues were within the province of the jury as the fact finders.
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November 08, 2024
Quarry Pays $2.6M To Satisfy Judgment After Bench Trial, Appeal In Defective Mason’s Sand Case
LAS VEGAS — A Nevada sand and gravel quarry has paid $2.6 million to settle litigation by a paving stone contractor alleging that mason sand provided by the quarry contained sodium that formed a white crust on walkways and driveways.
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November 04, 2024
Contractual Indemnification Against Architect Survives, But Other Condo Claims Out
NEW YORK — A New York state court judge has dismissed all but a contractual indemnification claim by a condominium association against the building’s architect to allow discovery, but she has dismissed the association’s other claims against the firm that handled the condo conversion project.
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November 04, 2024
Florida Appeals Court Reverses Home Defect Arbitration Order
DAYTONA BEACH, Fla. — A Florida appeals court has reversed a trial court order compelling arbitration in a construction defect case because the defects fell outside the scope of the only remaining structural coverage warranty.
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October 31, 2024
Condo Owners Not Entitled To Recover Lost Rental Income For Construction Defects
SANTA ANA, Calif. — Condominium owners whose units were plagued with water intrusion issues caused by construction defects are not entitled to recover lost rental income as a remedy for their common-law negligence claim because lost rental income is recoverable only under California’s Right to Repair Act of 2003, the Fourth District California Court of Appeal said in reversing a portion of a referee’s ruling.
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October 18, 2024
COMMENTARY: Risk And Reward: The Role Of AI In Construction Disputes
By Andrew Drennan, Mike Hostettler, Augusto Patmore, Ryan Uhrin and Karim Budeiri
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October 28, 2024
New York Justice: Property Owner Can’t Avoid Arbitration In Payment Dispute
NEW YORK — A New York state court justice has denied a motion by the owner of a three-unit property to avoid mandatory arbitration as prohibited by the state’s Prompt Payment Act and the New York State Constitution.
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October 28, 2024
Federal Magistrate Judge Won’t Let Third-Party Defendant File Its Own Complaint
WICHITA, Kan. — A Kansas federal magistrate judge has denied a motion by a third-party defendant in a defective metal roof case to file its own third-party complaint against another party to the building project, finding that the proposed complaint is not secondary or derivative of the original case.
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October 28, 2024
Virginia Appeals Court: Defendant Waived Objection To Owner’s Home Valuation
RICHMOND, Va. — The Virginia Court of Appeals has affirmed a $30,253 breach of contract verdict against a roofing contractor in a residential roof replacement case, finding that the defendant had waived its objection to plaintiff testimony about how the faulty roof devalued her home.
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October 25, 2024
Florida Federal Judge Allows Homeowners To Amend Third-Party Counterclaims
MIAMI — A Florida federal judge has allowed the plaintiffs in a home construction defect lawsuit to amend a counterclaim against a third-party construction company after finding that the original negligence claims were “shotgun pleadings.”
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October 18, 2024
Florida State Judge Dismisses Home Defect Case Because It Named Defunct Contractor
BRADENTON, Fla. — A Florida state court judge has granted a defense motion to dismiss a home construction defect case against a roofing company subcontractor because the judge found that the plaintiffs knowingly filed the complaint against a long-defunct general contractor and acted in bad faith in trying to bring claims against subcontractors without the required presuit notice.
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October 17, 2024
Texas Appeals Court: Pool Company Waived Arbitration By Engaging In Court Process
HOUSTON — A Texas appeals court has affirmed a trial court’s denial of arbitration in a defective pool installation case, finding that the pool company substantially invoked the judicial process to the detriment or prejudice of the plaintiffs and implicitly waived its right to arbitration under a contract.
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October 14, 2024
Professional Malpractice Claim Against Home Inspector Can Proceed To Vermont Trial
WINDSOR, Vt. — A Vermont state trial court judge says a couple can go to trial with their malpractice claims against a home inspector who they say failed to thoroughly inspect the basement of a home and to warn that a water-damaged foundation was inadequately repaired, resulting in economic loss to the new homeowners.
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October 14, 2024
Florida Appeals Court: Some Disaster Recovery Tasks Need Licensure, Others Don’t
MIAMI — A Florida state appeals court has reversed summary judgment for three condominium associations and remanded a nonpayment case filed by a disaster mitigation service for the court to decide which services require a Florida contractor’s license and which services don’t.
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October 04, 2024
New York Appeals Court: Law, Warranty Exclude Construction Defect Damages
BROOKLYN, N.Y. — A New York state appeals court has reversed a trial court ruling denying dismissal of all claims in a condominium construction defect suit, saying the developer’s limited warranty excluded, by law, the types of damages claimed by a condominium association.
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October 04, 2024
Insulated Glass Maker’s Parent Dismissed From High-Rise Construction Defect Suit
SEATTLE — A federal judge in Washington has dismissed a parent company in a condominium window glass defect lawsuit, finding insufficient ties to the directly involved subsidiary or the state.
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October 04, 2024
Senior Facility Owner Can File Amended HVAC Complaint Against Subconsultant
HOUSTON — A Texas federal judge has granted a motion by the owner of a senior living facility to file an amended complaint against a heating ventilation and air conditioning (HVAC) subconsultant based on newly discovered evidence about alleged defects.
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October 03, 2024
Breach Of Warranty Claims Against Roofing Manufacturer Fail, 10th Circuit Affirms
DENVER — The 10th Circuit U.S. Court of Appeals on Oct. 2 affirmed a district court’s ruling in favor of a roofing materials manufacturer, agreeing with the lower court that a homeowners association’s breach of warranty claims fail based on the limited warranty’s disclaimer and the association’s failure to provide notice of the defect within 30 days as required by the limited warranty.
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October 03, 2024
Jury Award In Favor Of Homeowners, Against Contractor Supported By Evidence
DES MOINES, Iowa — The Iowa Court of Appeals on Oct. 2 affirmed a jury verdict entered in favor of homeowners and against a contractor in a contract dispute after determining that the verdict on the homeowners’ breach of contract and consumer fraud claims is supported by “substantial evidence.”
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October 03, 2024
Trial Court Properly Awarded Homeowners Costs For Contractor’s Negligence
CONCORD, N.H. — A trial court did not err in awarding homeowners the cost of connecting their home to the municipal sewer system and the cost of replacing a defective retaining wall because the evidence supports a finding that the costs were incurred as a result of the contractor’s negligent work, the New Hampshire Supreme Court said in affirming a lower court’s decision.
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October 03, 2024
Issue Of Fact Exists On Breach Of Warranty Claim Related To Defective Windows
FRANKFORT, Ky. — The Kentucky Court of Appeals reversed the dismissal of a breach of warranty claim related to defective windows installed in a home after determining that an issue of fact exists as to when the homeowner became aware that the breach occurred.
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October 03, 2024
Connecticut Judge Issues Judgment For Contractor, Says Homeowners’ Claims Fail
STAMFORD, Conn. — A Connecticut state judge issued judgment in favor of a contractor after determining that the homeowners’ claims alleging breach of contract and breach of statutory warranties cannot proceed because the homeowners failed to show that the contractor breached any contract or warranty and failed to offer any evidence supporting their contention that the construction of the home was completed in an unworkmanlike manner.