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Mealey's Construction Defects

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • July 30, 2024

    Trial Court Erred In Lifting Stay On Claims Against Subcontractor, Panel Says

    EDINBURG, Texas — A trial court erred in lifting a stay as it applied to third-party claims filed by a general contractor against a subcontractor because litigation of the third-party claims would impact ongoing arbitration proceedings regarding the same facts surrounding the dispute over construction defects discovered at an apartment complex, a Texas appellate court said in reversing the trial court’s ruling.

  • July 29, 2024

    Magistrate Judge: Hold Off On Defaults In Glass Case Until 3rd Defendant’s Case Resolved

    BROOKLYN, N.Y. — A New York federal magistrate judge has recommended that the court dismiss without prejudice a plaintiff’s default judgment motion in a glass door and window building defect case until claims against a third defendant are resolved.

  • July 29, 2024

    Homeowners Properly Awarded Damages For Subcontractor’s Faulty Foundation Work

    HOUSTON — The First District Texas Court of Appeals affirmed a trial court’s judgment and $412,687 award of damages in favor of homeowners who demolished a partially built home after discovering that the home’s foundation was defective, rejecting the subcontractor’s argument that the homeowners’ breach of contract claim is barred by the doctrine of equitable estoppel based on the contractor’s approval of the foundation.

  • July 29, 2024

    Louisiana Appeals Court Vacates Time-Bar Ruling In Construction Damage Case

    NEW ORLEANS — A Louisiana appeals panel has vacated a lower court ruling that a woman’s construction-related property damage claim was improperly dismissed as prescribed, saying the evidence of the claim being time-barred is “so intertwined” with the merits evidence that the issue cannot be decided without also adjudicating the merits.

  • July 29, 2024

    South Carolina Appeals Court Affirms Arbitration Denial In Townhome Defect Suit

    COLUMBIA, S.C. — The South Carolina Court of Appeals has affirmed a lower court’s denial of a townhome developer’s attempt to force arbitration of a construction defect claim by a secondary purchaser of one of the units, saying the builder did not comply with the notice requirements of the state’s arbitration law.

  • July 25, 2024

    Idaho Supreme Court Affirms $647,331 Default Judgment In Unfinished Home Case

    BOISE, Idaho — In a 3-2 decision, the Idaho Supreme Court on rehearing affirmed its November ruling denying a motion by a builder to set aside a $647,331 default judgment for an uncompleted home, but the majority said it was “troubled” by the judgment and the way a trial court approved it and will change the applicable rules of civil procedure as a result.

  • July 18, 2024

    Texas Appeals Court Issues Mixed Ruling In Defective Stucco Case

    HOUSTON — A Texas appellate court has affirmed in part and reversed in part summary judgment in a defective stucco construction defect case and remanded the case to a trial court.

  • July 18, 2024

    Arizona Appeals Court Affirms Judgment In HOA Defect Suit Against Developer

    PHOENIX — An Arizona appellate court affirmed summary judgment in favor of developer K. Hovnanian, agreeing that the plaintiff homeowners’ association (HOA) lacked standing to bring construction defect claims under the state condominium law and because the homeowners’ sales contract barred them from assigning their defect claims to the HOA.

  • July 15, 2024

    Ohio Appeals Court Reverses Summary Judgment In Architect Inspection Suit

    TOLEDO, Ohio — An Ohio appeals court panel has reversed summary judgment in favor of an architectural firm, finding that a trial court erred in finding no genuine issue of material fact about whether the firm breached a contract to inspect an extensive home damage repair project.