Mealey's Construction Defects
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October 02, 2024
Connecticut Judge Strikes Claims Alleged Against Construction Company Owner
BRIDGEPORT, Conn. — A Connecticut judge partially granted a motion to strike filed by a construction company and its owner after determining that claims alleging negligence, breach of contract, unjust enrichment, breach of implied warranty and breach of express warranty against the company owner cannot proceed because the homeowner failed to allege that the company owner was part of the contract.
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October 02, 2024
Homeowners’ Defective HVAC Suit To Proceed Based On Requests To Compel Arbitration
LAKE CHARLES, La. — A Louisiana federal judge denied a motion to dismiss by homeowners who filed a class action against a contractor and subcontractor because the court must retain jurisdiction over the dispute based on the contractor and subcontractor’s affirmative defense and counterclaim seeking to compel arbitration pursuant to the parties’ contract.
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September 24, 2024
After Mistrial Voids $1.18M Foundation Verdict, Trial Set On Negligence Claim
ATLANTA — A Georgia federal judge has scheduled for Jan. 21 a retrial in a $1.18 million construction defect lawsuit brought by a townhouse association against a contractor after the judge said the previous judge’s mistrial order, a statute of limitations and a state supreme court ruling left negligence as the sole remaining claim.
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September 20, 2024
Minnesota Appeals Court Affirms Summary Judgment In Roof Repair Case
ST. PAUL, Minn. — The Minnesota Court of Appeals has affirmed summary judgment for a roofing repair contractor, saying the homeowner failed to support his claims that the contractor failed to perform required work or did so in a substandard fashion.
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September 19, 2024
California Appeals Court: Contractor Can’t Escape Attorney Fees For Homeowners
SAN FRANCISCO — A California appeals court held that the president of a construction company is liable for more than $94,000 in attorney fees and costs in a home construction breach-of-contract suit because he stood in the shoes of the company when he signed a contract and later filed a complaint against the homeowners.
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September 17, 2024
Roofing Defendant Can’t Depose Plaintiff’s General Counsel, Federal Magistrate Rules
SPRINGFIELD, Mass. — A Massachusetts federal magistrate judge granted a protective order blocking a defendant in a defective roofing case from deposing a defendant’s general counsel, finding that he is covered by attorney-client privilege and the attorney work product doctrine and that the defendants have other means to get information about a defendant’s possible sale.
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September 13, 2024
Judge Allows Most Claims To Stay In Defective High-Rise Window Case
SEATTLE — A federal judge in Washington has denied dismissal of most claims by a condominium association against a window manufacturer/distributor for allegedly using an ultraviolet light-sensitive sealant and requiring the replacement of more than 7,800 glass panes on a 38-story building.
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September 03, 2024
Panama Seeks To Prevent Delay Of $4.84M Arbitration Award
MIAMI — The Republic of Panama has asked a Florida federal court to stay discovery and to dismiss counterclaims of an American company and its principal in a case involving alleged contract violations that began when Panama filed a petition to enforce a $4.84 million arbitration award.
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August 30, 2024
Judge Won’t Reopen Discovery Into Type Of Hurricane Glass Used In Home
CENTRAL ISLIP, N.Y. — A New York federal judge will not overrule a magistrate judge’s denial of a defense motion to reopen discovery in a lawsuit involving hurricane glass installed on a shorefront home.
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August 30, 2024
Judge: Window Supplier Had No ‘Societal Duty’ To Homeowners For Installation
ERIE, Pa. — A Pennsylvania federal judge has dismissed homeowners’ claim that a residential window supplier breached its contract by violating a “societal duty” to warn about improper installation of windows by a third-party builder but denied dismissal of claims of promissory estoppel, breach of contract and negligent misrepresentation.
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August 30, 2024
Idaho Federal Judge: UCC Claims Don’t Apply To Roofing Services
POCATELLO, Idaho — An Idaho federal judge has dismissed two defendants in a defective roofing case, finding that Uniform Commercial Code claims don’t apply to roofing services and that a Magnuson-Moss Warranty Act claim can’t survive without UCC claims. The court dismissed the complaint without leave to amend.
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August 26, 2024
Only Texas Trade Practices Claim Survives In Defective Window Suit
DALLAS — A Texas federal judge has allowed a state law trade practices claim and breach of express warranty claim by an apartment complex owner to proceed against a window company but dismissed with prejudice claims of breach of contract, limited warranty and implied warranty.
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August 22, 2024
California Appeals Court Reverses Judgment For Soil Inspector In Subsidence Case
SANTA ANA, Calif. — A California appeals court has reversed summary judgment in a house subsidence case, finding that a soils engineering firm failed to meet its summary judgment burden and that it owed a duty of care to the homeowners despite the alleged limitations of its involvement.
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August 20, 2024
New York Trial Justice OKs Amended Construction Complaint For City Code Violations
NEW YORK — A New York state justice has allowed a restaurant owner to amend its complaint against a contractor by adding city code violations, finding that the additions are timely and meritorious.
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August 16, 2024
Non Pros Judgment In Window Defect Case Upheld By Pennsylvania Court
PITTSBURGH — The Pennsylvania Superior Court has affirmed a trial court’s order denying homeowners’ petition to open a judgment of non pros in favor of a window manufacturer.
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August 15, 2024
Maryland Appeals Court: Homeowners Didn’t Waive Home Defect Arbitration
ANNAPOLIS, Md. — The Maryland Appellate Court has reversed a trial court’s decision to strike an appeal notice of two homeowners in a construction breach of contract case and the lower court’s finding that the homeowners had waived their right to seek arbitration under a builder’s contract by delaying their request for five years.
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August 12, 2024
Arizona Appeals Court: HOA Can Sue Developer For Construction Defects
PHOENIX — An Arizona appeals panel has reversed summary judgment for a townhomes developer, finding that a company-created homeowners’ association (HOA) has the right to sue the developer for alleged construction defects in common areas and to residential exteriors required to be maintained by the HOA.
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August 09, 2024
Kansas Appeals Court: Homebuyers Abandoned Damage Claim But Not Fees Claim
KANSAS CITY, Mo. — The Kansas Court of Appeals has reversed summary judgment that a trial court granted to a homebuilder that denied attorney fees to homeowners who filed a construction defect complaint but who later sold the house and dropped their claims for damages.
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August 09, 2024
Stucco Breach Of Contract Suit Adequately Pleaded, Remanded To State Court
GALVESTON, Texas — A Texas federal magistrate judge has granted a plaintiff’s motion to remand to state court a breach of contract complaint against a subcontractor, saying the original complaint sufficiently states the plaintiffs’ claims involving stucco work on eight bank branches.
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August 05, 2024
Texas Appeals Court Affirms Joint-And-Several Portion Of Arbitration Award
SAN ANTONIO — A Texas appeals court affirmed a final arbitration award finding that a general contractor and a subcontractor are jointly and severally liable for alleged construction defects and that the arbitrator did not err in apportioning liability.
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August 01, 2024
Homeowners File Notice Of Appeal To 9th Circuit In Faulty Window Dispute
ANCHORAGE, Alaska — Following an Alaska federal judge’s denial of a motion for reconsideration filed by homeowners in a defective window suit, the homeowners filed a notice of appeal to the Ninth Circuit U.S. Court of Appeals, seeking review of the dismissal of their suit.
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August 01, 2024
Homeowners Failed To Show Foundation Cracks Were Caused By Defective Construction
EDINBURG, Texas — A trial court did not err in granting a contractor’s motion for summary judgment in a construction defects suit because the homeowners failed to prove that cracks and distress in the foundation of their home are the result of defective construction, a Texas appellate court said.
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July 31, 2024
Failure To Challenge Basis For Dismissal Of Chinese Drywall Suit Is Fatal To Appeal
ATLANTA — A homeowner’s failure to challenge the ultimate reason for a district court’s dismissal of a suit stemming from defective Chinese drywall is fatal to the appeal, the 11th Circuit U.S. Court of Appeals said July 30 in affirming the district court’s dismissal of the suit.
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July 31, 2024
Fact Issue Exists On Contractors’ Completion Date Of Project, N.Y. Justice Says
NEW YORK — A New York County Supreme Court justice denied motions to dismiss filed by two contractors accused of negligently constructing and installing a detention tank because it is not clear whether the property owners filed their suit within the applicable three-year statute of limitations as a question of fact exists as to when the contractors completed the project.
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July 30, 2024
Minnesota Panel Reverses Judgment On Damages Owed In Construction Defects Dispute
ST. PAUL, Minn. — The Minnesota Court of Appeals on July 29 reversed a lower court’s judgment on damages owed by a contractor on a breach of contract counterclaim after determining that the trial court impermissibly held a second trial on the issue of damages incurred by the homeowners in the construction defects dispute.