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

Mealey's Construction Defects

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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.”
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.
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.
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.
November 08, 2024
Quarry Pays $2.6M To Settle Suit About Defective Mason’s Sand Used In Pavers

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.
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.
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.
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.
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