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

Mealey's Construction Defects

May 12, 2022
California Panel: Statute Of Limitations Bars Homeowner Suit Against Engineer

SAN JOSE, Calif. — A California appellate court on May 9 affirmed a trial court’s ruling that a complaint for professional negligence brought by a homeowner against a structural engineer failed to include a certificate of merit and that subsequent amended complaints were untimely.
May 12, 2022
Attorneys For Plaintiffs In Champlain Towers Collapse Announce $997M Settlement

MIAMI — Attorneys representing individuals who brought a putative consolidated class complaint after a Florida condominium tower partially collapsed in June 2021 killing 98 people announced a settlement “in excess of $997 million” on May 11.
May 05, 2022
Del. Judge: Experts Can Testify On Repair Costs In Construction Defect Dispute

GEORGETOWN, Del. — A Delaware judge on April 27 ruled on multiple motions to exclude filed in a construction defect lawsuit, reserving some judgments until closer to trial but finding that other experts meet the admissibility standards under state law.
May 03, 2022
Architect For Neighboring Building Files Third-Party Claims In Condo Collapse Case

MIAMI — The architect for the “Eighty-Seven Park,” a building constructed next to Champlain Towers South (CTS), a Surfside, Fla., condominium building that partially collapsed in June 2021, filed a cross-claim and third-party complaint on April 29 in a Florida court, along with its answer to putative class claims over the collapse, seeking indemnity from others involved in the construction of Eighty-Seven Park and contribution of damages from the engineer that inspected CTS prior to the collapse.
May 01, 2022
Order Vacating $18M Default Judgment Against Chinese Drywall Manufacturer Is Vacated

LAKELAND, Fla. — A trial court erred by granting a Chinese drywall manufacturer’s motion to vacate an $18 million default judgment in favor of a homebuilder, saying that the builder’s failure to serve notice of the default on the manufacturer’s counsel in the Chinese drywall multidistrict litigation did not violate the manufacturer’s due process rights, a Florida appellate court ruled April 13.
May 01, 2022
8th Circuit: Window Manufacturer Not Liable For Consequential Damages

MINNEAPOLIS — The Eighth Circuit U.S. Court of Appeals on March 31 issued a mandate in a case in which it affirmed that a consequential-damages exclusion is enforceable in a contract for the sale of windows between the window manufacturer and a subcontractor.
April 29, 2022
Developer: No Reconsideration Needed After Defects Case Tossed Due To Jurisdiction

CHARLESTON, S.C. — A townhome developer accused by unit owners of negligence and various breaches due to alleged excess humidity and moisture in the units filed a response in a federal court in South Carolina on April 25, arguing that reconsideration of a March 30 dismissal order is not needed as the homeowners simply “repackaged” previous arguments and are “seek[ing] a second bite from the same apple.”
April 29, 2022
Judge Denies Motion To Amend For ‘Conclusory Allegations’ In Condo Damage Suit

NEW YORK — A New York state justice on March 25 denied condominium owners’ motion to amend their complaint nunc pro tunc to add a claim for punitive damages in their water damage suit against the condo board, finding that the “proposed amended complaint offers only conclusory allegations without pleading the pertinent elements of a punitive damages claim.”
April 29, 2022
Summary Judgment Denied, Trial Ordered In Brazilian Plywood Certification Suit

FORT LAUDERDALE, Fla. — A U.S. certification agency charged with ensuring that imported plywood complies with American standards failed to show that a coalition of American plywood manufacturers lacks standing under the Lanham Act or has not sufficiently alleged false advertising, negligence or measurable damage, a federal judge in Florida ruled March 30, denying the agency’s motion for summary judgment and announcing that the case will proceed to trial.
April 28, 2022
Texas Panel Affirms Order, Says Home Defect Suit Arbitrator Lacked Jurisdiction

DALLAS — A Texas appellate panel on April 26 affirmed a trial court order vacating an arbitrator’s total award of almost $337,000 for homeowners in a home defect suit filed by the homeowners against their construction company, finding that the trial court did not err in vacating the award because the arbitrator lacked jurisdiction.
April 27, 2022
Texas Panel OKs Defect Suit Certificate Issued By Licensed Emeritus Architect

HOUSTON — An architecture firm on April 19 moved for an extension of time to file for rehearing two weeks after a Texas appellate court affirmed the denial of the firm’s motion to dismiss a construction defect suit against it regarding alleged hurricane-related water damage to a senior community, finding that the plaintiff’s certificate of merit prepared by a licensed emeritus architect meets statutory licensure requirements.
April 25, 2022
Judge Dismisses Claims Against Soil Tester And Landscaper In Water Leak Suit

WHITE PLAINS, N.Y. — A New York federal judge on April 18 dismissed a general contractor’s third-party claims for contribution, indemnification and breach of implied warranty against a soil testing company and landscaper after a distribution center’s owner sued the contractor for negligence related to alleged damage from a leaking water pipe connection, finding that the contractor failed to state a claim against the testing company and landscaper.
April 25, 2022
South Carolina Panel Affirms Invalid Mechanic’s Lien Ruling In Home Defect Case

COLUMBIA, S.C. — A South Carolina appellate panel on April 20 affirmed a special referee’s award of counterclaims against a homeowners’ contractor related to disputes over the contractor’s renovation of their island home, finding that the contractor’s mechanic’s lien was invalid because the contractor was not properly licensed.
April 22, 2022
Builder Seeks Review Of Decision To Not Enforce Right-To-Repair In Defects Suit

TACOMA, Wash. — A builder on March 3 filed a reply brief with a Washington state appellate court, seeking review of a trial court’s decision to not enforce a right-to-repair provision in a contract between the builder and a homeowner in a suit filed by the builder seeking damages for the homeowner’s failure to pay for work performed related to alleged construction defects.
April 22, 2022
New York Justice Says LLC Not Responsible For Condo Unit’s Alleged Water Damages

NEW YORK — A New York state justice on March 3 granted a condominium building owner’s and holding company’s motion to dismiss a unit owner’s negligence suit related to alleged water leaks and damages, finding that the holding company, as a member of the building owner’s limited liability company, is not responsible for its members’ liabilities and the building owner is not “liable for special or consequential damages.”
April 20, 2022
$83M Allocation Agreement Approved In Florida Condo Collapse Case

MIAMI — A Florida judge on April 6 issued a final bar order approving an $83 million allocation settlement agreement in a consolidated putative class case over the June 2021 partial collapse of the Champlain Towers South Condominium Building (CTS) in Surfside, Fla.
April 15, 2022
Builder Argues On Appeal That Trial Court Correctly Dismissed Defect Suit

RALEIGH, N.C. —In an appellee brief filed on April 4, a builder urges a North Carolina appellate court to affirm a trial court’s order dismissing a townhome association’s negligence and breach of warranty claims against the builder in a suit resulting from alleged defects in the townhomes’ construction, asserting that the trial court correctly determined that the association lacked standing.
April 13, 2022
Texas Appeals Court: Arbitration Pact’s Delegation Clause Is Enforceable

HOUSTON — A trial court abused its discretion by denying a homebuilder’s motion to compel arbitration of the threshold issue of arbitrability in a homeowner’s construction defect lawsuit, finding that the parties’ arbitration agreement contained an enforceable delegation provision, a Texas appellate court ruled April 12.
April 11, 2022
Judge: Statute Of Repose Doesn’t Bar Claims Against Roofer In Wall Defect Suit

HAMMOND, Ind. — A general contractor’s claims against a third-party subcontractor and roofer are not time-barred under the statute of repose because the contractor’s “recourse” against the roofer arises from a contract between the contractor and roofer, an Indiana federal judge ruled March 28, denying the roofer’s motion for judgment on the pleadings.
April 07, 2022
Texas Panel Says Arbitration Denial Correct In Home Structural Defect Suit

HOUSTON — A trial court did not abuse its discretion in failing to deny a homebuilder’s motion to compel arbitration in a structural defect suit filed by homeowners against the homebuilder, a Texas appellate court held March 29, finding that the homebuilder failed to meet its burden of showing the existence of an arbitration agreement.
April 07, 2022
Texas Panel Reverses Summary Judgment In Water Intrusion Suit Against Engineers

HOUSTON — A Texas appellate court on April 5 reversed a trial court’s order granting an engineering firm’s summary judgment motion in a water intrusion negligence suit filed by adjacent landowners against the firm, finding that the firm failed to “conclusively establish that the landowner’s negligence claims accrued more than two years” before the suit’s filing.
March 31, 2022
Champlain Unit Owners, Insurer Object To $83M Allocation Settlement

MIAMI — Multiple objections by owners of condominium units and estates of unit owners at the Champlain Towers South Condominium Building (CTS) in Surfside, Fla., that partially collapsed in June 2021 were filed in a Florida court on March 23, along with an objection by the insurer of 42 of the units and a request for clarification by one of the defendants in a consolidated putative class complaint; these filings are some of the latest to oppose an $83 million allocation settlement agreement granted preliminary approval earlier in the month.
March 29, 2022
Association Seeks Panel Review Of Dismissal In Roof Defect Suit Against Builder

RALEIGH, N.C. — A townhome association on Feb. 1 filed a brief in a North Carolina appellate court seeking review of a trial court order dismissing the association’s negligence and breach of warranty claims against a builder in a suit resulting from alleged defects in the townhomes’ construction, asserting that the court erred in determining that the association lacked standing.
March 29, 2022
Contractor, Developer Seek Reversal Of Arbitration Denial In Condo Defect Suit

DAYTONA BEACH, Fla. — A developer and a general contractor of a condominium complex argue in a Jan. 21 reply brief in a Florida appellate court that a state court judge erred in concluding that the condominium association’s negligence suit filed against the developer and contractor is not subject to arbitration, asserting that the arbitration provisions of the condominium’s declaration require arbitration of the association’s claims.
March 25, 2022
Panel Says Arbitration Agreement’s Delegation Clause Enforceable In Defect Suit

HOUSTON — An arbitration agreement between homeowners and homebuilders included an enforceable delegation provision, a Texas appellate court held March 22, reversing and remanding a trial court order that severed provisions of the arbitration agreement, “effectively denying” the homebuilders’ motion to compel arbitration of “gateway issues of arbitrability” in a suit against the homebuilders alleging that construction defects led to a home’s moisture problems.