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

Mealey's Construction Defects

August 10, 2023
In Construction Dispute, Agency Relationship Binds Party To Arbitration Agreement

TALLAHASSEE, Fla. — A company can be compelled to arbitrate even though it did not sign the contract for the sale of tiles used in a construction project that were allegedly defective because the project’s general contractor acted as the company’s agent when signing the contract with the tile manufacturer, a Florida appellate court panel found Aug. 9 in remanding a trial court’s decision.
August 10, 2023
Minnesota Panel: Homeowner Can Recover Without Completion Of Construction

ST. PAUL, Minn. — A trial court did not err in finding that a homeowner is entitled to recover on a breach of implied warranty claim against a builder who defectively repaired portions of his home because the builder failed to support with persuasive authority its argument that substantial completion of the construction is necessary to support the claim, a Minnesota appellate court panel found in affirming the trial court’s decision, which was based on a jury special verdict form.
August 04, 2023
Texas Panel: Summary Judgment Order In Construction Case Not A Final Judgment

CORPUS CHRISTI, Texas — A Texas panel on Aug. 3 found that it did not have appellate jurisdiction to review a trial court’s summary judgment order because the order did not dispose of all the claims brought by the owner of a gym that allegedly suffers from latent construction defects.
August 03, 2023
Fla. Federal Judge: Roofing Contractor Seeks To Relitigate Issues Already Decided

FORT MYERS, Fla. — A Florida federal judge denied a motion for reconsideration filed by a roofing contractor that says roofing products it installed damaged two condominium properties because the motion was untimely and inappropriately sought reconsideration of an order dismissing claims from the contractor’s fourth amended complaint while a fifth amended complaint is currently operative.
August 01, 2023
Magistrate Judge: Fees Not Available In Chinese Drywall Case With Appeal Pending

MIAMI — The manufacturers of allegedly defective Chinese drywall are not entitled to attorney fees from the homeowners who claim that they were harmed by the drywall because the case is on appeal in the 11th Circuit U.S. Court of Appeals over the issue of subject matter jurisdiction, a Florida federal magistrate judge opined in recommending that the manufacturers’ motion be stayed until the appeal is exhausted.
July 31, 2023
Alabama Federal Judge Dismisses Structural Defects Dispute Following Settlement

OPELIKA, Ala. — After receiving notice from the parties that the matter had been settled, an Alabama federal judge dismissed with prejudice a negligence dispute between the owner of an apartment building that allegedly experienced structural defects and two engineering companies that designed the building.
July 28, 2023
Florida Federal Judge Dismisses Chinese Drywall Case Following Stipulation

FORT LAUDERDALE, Fla. — Following a joint stipulation of dismissal filed by the parties, a Florida federal judge dismissed with prejudice an action between a group of homeowners whose homes and personal health were allegedly affected by defective Chinese-manufactured drywall and the companies who advertised, sold and manufactured the drywall.
July 27, 2023
Louisiana Federal Judge Denies Motion To Dismiss Negligent Roofing Installation Claim

NEW ORLEANS — The owner of a commercial property and the operator of a nursing home on that property sufficiently alleged that a roofing manufacturer is vicariously liable for its employee’s allegedly negligent installation of roofing materials that damaged the nursing home and surrounding property during Hurricane Ida, a Louisiana federal judge held in denying the manufacturer’s motion to dismiss the plaintiffs’ negligence claim.
July 26, 2023
Pa. Federal Judge Resolves 10 Motions In Limine Over Homes Damaged By Landslide

PITTSBURGH — In an omnibus order, a Pennsylvania federal judge resolved 10 motions in limine filed by a plaintiff-homebuilder and a defendant-property developer that sought to preclude evidence, arguments and defenses relating to three newly constructed homes that were damaged by a landslide.
July 25, 2023
In Construction Row, Mass. Federal Judge Says Builder Didn’t Allege Duty To Defend

BOSTON — A construction company is not entitled to summary judgment on its breach of contractual duty to defend claims because it failed to raise the claims in its third-party complaint brought against subcontractors who are allegedly responsible for their portion of the defective construction of a 150-unit condominium complex for which the company was sued, a Massachusetts federal judge found in denying the company’s motion for partial summary judgment.
July 24, 2023
In 3 Orders, New York Justice Dismisses Defective Home Renovation Claims

NEW YORK — Two express trusts that purchased a newly renovated townhome lack standing to bring claims arising from the alleged defective renovation of the home because trusts lack standing to sue or be sued on their own, a New York justice found in granting three motions to dismiss in three separate orders filed in one case on the same day.
July 24, 2023
La. Federal Judge: Issue Of Fact Exists In Defective Sprinkler Installation Case

LAKE CHARLES, La. — Summary judgment is not appropriate on a negligence claim brought against a subcontractor who is alleged to have defectively installed a sprinkler during the construction of a fitness club because the general contractor presented expert testimony and reports that created a genuine issue of material fact, a Louisiana federal judge found in partly granting the subcontractor’s motion for summary judgment.
July 21, 2023
In Construction Defects Row, S.C. Panel Sets Off Some Damages From Settlements

COLUMBIA, S.C. — A trial court erred by denying a roofing company a $500,000 setoff of damages resulting from the faulty construction of a condominium complex for which it was jointly and severally liable alongside a general contractor that entered a post-verdict settlement with the complex’s homeowners association, a South Carolina panel found in reversing the trial court’s judgment in part.
July 20, 2023
Del. Judge: Employee Of Renovator Was Not Personally Responsible For Home Damage

WILMINGTON, Del. — In granting a motion for summary judgment, a Delaware judge found that the sole owner and employee of a home renovation company was not personally responsible for damages caused during a home renovation project because the homeowners failed to provide any evidence that raised a genuine issue of material fact about whether the owner acted in her individual capacity or personally directed the company to act negligently during the project.
July 20, 2023
After Mediation Fails, Florida Federal Judge Reopens Brazilian Plywood Case

FORT LAUDERDALE, Fla. — A Florida federal judge reopened the case in which a coalition of American plywood manufacturers alleges that a plywood certifying agency certified substandard Brazilian structural plywood as meeting U.S. standards after the parties stated that they failed to resolve their dispute through mediation.
July 20, 2023
Ala. Federal Judge: Diversity Jurisdiction Prevents Remand Of Construction Row

DOTHAN, Ala. — Although the amount of claimed damages is not explicitly stated in the complaint, the amount-in-controversy requirement for diversity jurisdiction is satisfied because the owner of a manufactured home who alleges that the builder defectively constructed her home seeks compensatory and punitive damages to such a degree that “judicial common sense” says the amount in controversy exceeds $75,000, an Alabama federal judge held in denying the homeowner’s motion to remand the action to the state court in which it originated.
July 19, 2023
Ohio Panel Remands Some Water Intrusion Claims In Home Construction Dispute

MIDDLETOWN, Ohio — Genuine issues of material fact exist about whether a builder trespassed and was negligent when it allegedly moved dirt on nearby properties that redirected water and damaged a new home because the builder failed to address the claims in its motion for summary judgment, an Ohio panel found in partially reversing a trial court’s decision granting summary judgment in favor of the builder and a developer on all the claims brought by the home’s owner.
July 18, 2023
Sanctions Hearing Set For Del. Homeowner Who Has Filed Multiple Construction Suits

WILMINGTON, Del. — In addition to granting a defendant-builder’s motion to dismiss under the doctrine of res judicata, a Delaware judge scheduled a hearing at which a homeowner, who has filed the same construction defects claims five times, will have the opportunity to explain why sanctions against him are not warranted.
July 13, 2023
Ohio Appeals Court Finds Expert Properly Admitted In Construction Defects Case

CANTON, Ohio — There was no error in allowing expert testimony in a case alleging that negligence by a construction worker caused structural issues to a home, an Ohio appeals court ruled, affirming a $118,752.50 award to the homeowners.
July 12, 2023
Louisiana Federal Judge Gives Homeowners Chance To Replead Unclear Roofing Claims

LAKE CHARLES, La. — The pleadings were too vague to discern which claim two homeowners intended to bring against the manufacturer of shingles used during an allegedly faulty repair of a home that was damaged by Hurricanes Laura and Delta, a Louisiana federal judge found in partly granting the manufacturer’s motion to dismiss and granting the homeowners the opportunity to amend their complaint.
July 12, 2023
Connecticut Judge Dismisses Negligent Construction Claims As Time-Barred

STAMFORD, Conn. — A homeowner’s negligence and unfair trade practices claims arising from allegedly defective renovation work are time-barred by the statute of limitations, a Connecticut federal judge found in partly granting the defendant-contractor’s motion for summary judgment.
July 11, 2023
Split Panel Reverses Denial Of Homeowner Class Certification In Anchors Defect Case

SAN FRANCISCO — A split Ninth Circuit U.S. Court of Appeals panel on July 10 reversed and remanded a federal court’s denial of class certification in a putative class action brought by homeowners alleging that a manufacturer sold them defective home connectors and anchors, with the majority holding that the court abused its discretion by excluding the homeowners’ expert witness.
July 05, 2023
Texas High Court: Later Homebuyers Can Be Compelled To Arbitrate Defects Claims

AUSTIN, Texas — In reversing an appellate court’s judgment that said subsequent homeowners of a home that allegedly suffers from mold growth did not have a valid arbitration with the homebuilder, the Texas Supreme Court reaffirmed one of its recent holdings and held that the subsequent owners can be compelled to arbitrate because their implied warranty claims necessarily arise from the original contract for the sale of the home, which contained an arbitration agreement.
July 05, 2023
Indiana Federal Judge Dismisses Dispute Over Defective Exterior Wall Construction

HAMMOND, Ind. — Following a stipulation of dismissal of all remaining claims filed by a general contractor and several subcontractors that worked on two buildings that allegedly suffered from defectively constructed exterior walls, an Indiana federal judge dismissed the case and terminated all pending motions.
June 30, 2023
Kentucky Federal Judge Amends Judgment In Defective Concrete Dispute

FRANKFORT, Ky. — In amending a judgment in favor of contractor who sued a concrete company for providing defective concrete to a construction project that later damaged the development, A Kentucky federal judge added more than $6,000 to the award in favor of the contractor because the judge made an “oversight” when calculating the previous judgment.