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

Mealey's Construction Defects

April 25, 2024
Pa. Panel: Fact Issues About Contract Surround Failed Retaining Wall Dispute

HARRISBURG, Pa. — A trial court erred in granting judgment on the pleadings in a dispute over the construction of retaining wall that failed at a life plan community because there are questions of fact about which contract governs the agreement between the operator of the community and the builder, a Pennsylvania panel found in partly reversing the trial court’s judgment.
April 24, 2024
N.Y. Justice: Unclear If Developer Is Liable For Water Damage At Condo Building

NEW YORK — The owner of a condominium building in New York City that suffered water damage from a burst pipe is not entitled to partial summary judgment on the issue of whether the developer of the building is liable under the development contract signed by the two parties because the terms of the contract are ambiguous, a New York justice found in denying the owner’s motion for partial summary judgment.
April 23, 2024
Minnesota Appeals Court Affirms Judgment In Construction Defects Case

ST. PAUL, Minn. — A trial court did not err in offsetting a damages award granted to a homebuilder for counterclaims brought against it for defectively building a home because the builder properly perfected its mechanic’s lien on the property, a Minnesota panel found in affirming the trial court’s judgment.
April 22, 2024
Unsigned Settlement Did Not Resolve Construction Claims, New Jersey Panel Says

TRENTON, N.J. — A trial court erred in granting a motion to enter a settlement filed by a builder, which allegedly failed to properly construct a home, and one of its agents because the settlement agreement was unsigned, a New Jersey appellate court panel found in reversing and remanding the trial court’s opinion.
April 18, 2024
Mississippi Federal Judge Dismisses Some Claims In Chinese Drywall Dispute

JACKSON, Miss. — Homeowners who allege that a home they previously owned was damaged by defectively manufactured Chinese drywall are not entitled to damages arising from costs incurred to remediate the home because those claims travel with the property at issue, a Mississippi federal judge found in granting the manufacturers’ partial motion for summary judgment.
April 17, 2024
North Dakota Federal Judge Transfers Claims In Defective Church Construction Action

BISMARCK, N.D. — Third-party construction defects claims brought against a subcontractor that allegedly contributed to the defective construction of a church should be transferred to the U.S. District Court for the District of Nebraska based on a forum selection clause within the subcontract because the public interest factors do not warrant upending the parties’ selected forum, a North Dakota federal judge found in granting the subcontractor’s motion to transfer on April 16.
April 16, 2024
In Office Construction Row, Kansas Panel Affirms Jury’s Damages Award

TOPEKA, Kan. — The owner of a building that suffered from alleged construction defects that caused water intrusion presented enough evidence at trial to support the jury’s damages award regarding loss of rental income against a construction consultant that failed to resolve the water intrusion problems, a Kansas panel found in affirming the jury’s verdict.
April 15, 2024
Oklahoma High Court: Trial Court Failed To Explain Fee Award In Roofing Dispute

OKLAHOMA CITY — In a decade-long dispute over an allegedly defective roofing repair, the Oklahoma Supreme Court found that the trial court erred in granting attorney fees to the defendant roofing company because it failed to adequately explain how it calculated the fee amount.
April 12, 2024
Questions Of Fact Exist In Home Construction Dispute, Pa. Federal Judge Says

PHILADELPHIA — Summary judgment is inappropriate at this stage because genuine issues of material fact surround claims brought by a homeowning couple against a builder arising from the allegedly defective construction of a new home, a Pennsylvania federal judge found in denying both parties’ cross-motions for summary judgment.
April 08, 2024
Texas High Court: No Evidence That Arbitrating Construction Case Would Be Costly

AUSTIN, Texas — An appellate panel erred in finding that an arbitration provision in a home construction contract was unconscionable because the homeowner failed to present evidence that arbitrating a dispute over an allegedly defective garbage disposal would be prohibitively costly, the Texas Supreme Court found April 5 in reversing the panel’s decision and remanding for further proceedings.
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.