http://www.lexisnexis.com/mealeys/news.aspx Headline Construction Defects Legal News from LexisNexis® en-us http://www.lexisnexis.com/mealeys/images/lexismealeyslogo.gif 130 29 http://www.lexisnexis.com/mealeys/news.aspx Copyright 2020 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-1%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%201%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ST. PAUL, Minn. - The Minnesota Supreme Court on Jan. 15 vacated in part and affirmed in part a ruling finding that an association of condominium unit owners' construction defects claims were barred by the 10-year statute of repose, holding that the limitations period for each building begins upon substantial completion and that the limitations period for each unit does not begin when it is purchased (Village Lofts at St. Anthony Falls Association v. Housing Partners III-Lofts LLC, et al., No. A18-0256, Minn. Sup., 2020 Minn. LEXIS 6). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-1%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%202%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JOSE, Calif. - A California appeals court panel on Jan. 30 upheld a trial court's ruling that the 10-year statute of repose protects a company that provided allegedly defective windows and doors to a condominium complex during its construction, holding that the company provided more services than a typical supplier by regularly visiting the job site and taking specifications for the manufacturing of the custom windows and doors (Sutton Place of Santa Clara County Owners Association v. Jolene Kay Queen, No. H045422, Calif. App., 6th Div., 2020 Cal. App. Unpub. LEXIS 696). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-1%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%203%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN DIEGO - A California appeals panel on Jan. 22 denied a general contractor's request for a writ of mandate seeking to overturn a ruling denying its motion for summary judgment in a construction defects action, holding that a contractually agreed-upon date of substantial completion between it and the developer cannot start the running of the 10-year statute of repose (Hensel Phelps Construction Co. v. Superior Court of San Diego County, No. D076264, Calif. App., 4th Dist., 1st Div., 2020 Cal. App. LEXIS 52). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-1%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%204%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' OKLAHOMA CITY - A federal judge in Oklahoma on Jan. 28 refused to dismiss a second amended complaint filed by the developer of housing for service members stationed at the Tinker Air Force Base (AFB) against the manufacturer of cross-linked polyethylene (PEX) tubing that allegedly prematurely ruptured and caused more than 200 water leaks in 2017, finding that the developer's allegations are not untimely or barred by the economic loss doctrine (AMC West Housing LP v. Nibco Inc., No. CIV-18-959-D, W.D. Okla., 2020 U.S. Dist. LEXIS 13840). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-1%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%205%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A federal judge in Louisiana on Jan. 28 denied certification of a proposed multistate class for homeowners who had allegedly defective drywall made in China installed in their homes, finding that the class failed to satisfy the predominance requirement of Federal Rule of Civil Procedure 23(b)(3) (In re: Chinese Manufactured Drywall Products Liability Litigation, No. 09-md-2047, Elizabeth Bennett, et al. v. Gebr. Knauf Verwaltungsgesellschaft KG, et al., No. 14-2722, E.D. La.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-1%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%206%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A couple tells the Fifth Circuit U.S. Court of Appeals in a Jan. 17 brief that they presented sufficient evidence to demonstrate that they did not discover a redhibitory defect in windows they purchased from Jeld-Wen Inc. that allowed for water intrusion until less than one year before filing suit and that they are entitled to a return of the purchase price of the windows and attorney fees (Ronald Leo, et al. v. Jeld-Wen Inc., No. 19-30761, 5th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-1%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%207%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' AUSTIN, Texas - A man and the manufacturer of allegedly defective windows on Jan. 14 agreed to dismiss with prejudice a lawsuit that was removed to Texas federal court after informing the judge that they had reached a settlement (Bobby Schmidt v. Jeld-Wen Inc., No. 19-cv-00998, W.D. Texas). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-1%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%208%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW CASTLE, Del. - A Delaware couple says in an opposition brief filed in state court on Jan. 9 that their lawsuit against their home builder over water intrusion is not subject to dismissal, arguing that their claims are not barred by the statute of limitations or subject to an arbitration clause in the home warranty (Ryan Altenbaugh, et al. v. Benchmark Builders Inc., et al., No. N19C-11-046, Del. Super., New Castle Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-1%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%209%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' RALEIGH, N.C. - A federal bankruptcy court judge in North Carolina on Dec. 23 approved a $21 million settlement between a bankrupt developer and the parties who performed construction work at the SkySail Luxury Condominiums, holding that the terms of the agreement are fair and reasonable and in the best interests of the debtor's bankruptcy estate (In re: New Bern Riverfront Development LLC, Case No. 09-10340-8-SWH, Adversary Proceeding No. 10-00023-AP, E.D. N.C. Bkcy.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-1%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%2010%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CHARLESTON, S.C. - A couple sued the developer, general contractor and 15 unnamed subcontractors in South Carolina state court on Jan. 15, complaining that defects in the construction of their home resulted in water intrusion and loss of value (McKinnsey Patterson, et al. v. New Leaf Builders LLC, et al., No. 2020-CP-1000280, S.C. Comm. Pls., Charleston Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-1%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%2011%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' GREENVILLE, S.C. - A condominium owners association sued the developers, general contractor, architects and subcontractors that installed a building's roof, stucco and heating, ventilation and air conditioning (HVAC) system in South Carolina state court on Jan. 7, complaining that defects in the construction of the building resulted in water intrusion that damaged the common areas and individual units (121 Rhett Street Owners' Association v. Croft Company Inc., et al., NO. 2020-CP-2300087, S.C. Comm. Pls., 13th Jud. Cir., Greenville Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-1%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%2012%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ST. PETERSBURG, Fla. - A condominium owners association on Jan. 6 sued the developer and builder of the Bliss Condominium in Florida state court, alleging that defects in the construction of the building have allowed water intrusion in the common areas of the complex, as well as in individual units (Bliss Condominium Association Inc. v. Taub Entities-St. Pete LLC, et al., No. 20-000074-CI, Fla. Cir., Pinellas Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-1%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%2013%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' MIAMI - An architecture firm on Jan. 24 moved for dismissal from a construction defects lawsuit in Florida state court, arguing that an owners association failed to sufficiently state a claim against it for professional negligence and that the allegations against it are "merely insufficient legal conclusions" (Midtown Doral Condominium 2 Association Inc. v. MD Residential II LLC, et al., No. 2019-035709-CA-01, Fla. Cir., 11th Cir., Miami-Dade Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-1%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%2014%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PHILADELPHIA - A federal bankruptcy judge in Pennsylvania on Jan. 29 denied a trustee's motion to reimpose an automatic stay in the Chapter 7 bankruptcy proceedings of a homebuilder, finding that developments in state court construction defect cases are not in violation of a stay relief order (In re: Hudson Palmer Homes Inc., No. 18-17509, E.D. Pa. Bkcy., 2020 U.S. Bankr. 230). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-1%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%2015%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ATLANTA - A trial court judge in Georgia on Jan. 22 stayed a construction defects case pending the parties' completion of notice requirements that say a couple must provide 90 days' notice to a contractor before filing suit to allow the contractor to attempt to remedy the alleged defects (Christopher Melton, et al. v. Remediation Group Inc., No. 19-EV-006496, Ga. Super., Fulton Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=21-1%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%2016%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' FLORENCE, S.C. - Marriott Ownership Resorts Inc. and Marriott Resorts Hospitality Corp. (collectively, Marriott) on Jan. 17 removed to South Carolina federal court a putative class action brought by a couple who owns a timeshare condominium at the OceanWatch Villas development, arguing that federal jurisdiction exists under the Class Action Fairness Act (CAFA) because the proposed class includes more than 100 members and seeks damages in excess of $5 million (Merle D. Russ, et al. v. Marriott Ownership Resorts Inc., et al., No. 20-cv-0187, D. S.C.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-12%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%201%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Dec. 12 dismissed an appeal brought by a number of plaintiffs seeking review of the denial of their claim for remediation of Chinese-manufactured drywall from their homes, holding that they waived their right to appeal by entering into a settlement agreement (In re: Chinese-Manufactured Drywall Products Liability Litigation, No. 18-31223, 5th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-12%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%202%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A manufacturer of allegedly defective drywall made in China filed a motion in Louisiana federal court Dec. 9 to deny class certification for a proposed nationwide class of individuals claiming they suffered physical and economic injuries as a result of having the product being in their homes, arguing that the allegations are untimely and lack commonality (In re: Chinese-Manufactured Drywall Products Liability Litigation, MDL 2047, Elizabeth Bennett, et al. v. Gebr. Knauf Verwaltungsgesellschaft KG, et al., No. 14-2722, E.D. La.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-12%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%203%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CARSON CITY, Nev. - A panel of the Nevada Supreme Court on Dec. 19 affirmed the dismissal of a couple's construction defects lawsuit against their home builder, finding that an August 2015 agreement to continue the trial date did not toll the five-year limitations period for the case to go to trial (Paul D. Rotes v. Suncrest Builders Inc., No. 76180, Nev. Sup., 2019 Nev. LEXIS 1369). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-12%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%204%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LITTLE ROCK, Ark. - An Arkansas appeals court panel on Dec. 11 dismissed a couple's appeal of a ruling dismissing their lawsuit accusing the builder of their home of breach of contract over alleged construction defects, holding that the trial court's ruling did not address all of the plaintiffs' claims (Ken Lancaster, et al. v. Rogers Construction Inc., et al., No. CV-19-139, Ark. App., 2nd Div., 2019 Ark. App. LEXIS 626). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-12%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%205%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' COLUMBIA, S.C. - A trial court judge in South Carolina erred when dismissing a couple's construction defects lawsuit because the amount of time between the filing of their complaint and the motion to compel arbitration did not result in a waiver, a state appeals panel ruled Dec. 31 in vacating the ruling (Andrew McIntire, et al. v. Seaquest Development Co. Inc., et al., No. 2019-UP-413, S.C. App., 2019 S.C. App. Unpub. LEXIS 429). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-12%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%206%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' TRENTON, N.J. - A New Jersey appeals panel on Dec. 31 affirmed the dismissal of a modular home builder's lawsuit that sought to bar a woman from arbitrating a warranty claim over construction defects, finding that she did not waive her right to a remedy when filing a pro se warranty claim in 2017 because she did not know the extent of the defects at issue (Sica Industries Inc., et al. v. Grace Macedo, No. A-3802-18T3, N.J. Super., App. Div., 2019 N.J. Super. Unpub. LEXIS 2667). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-12%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%207%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CHARLESTON, S.C. - Lennar Carolinas LLC moved in South Carolina state court on Dec. 18 for dismissal of a class action for homeowners in a development who claim that the builder's negligence allowed their homes to suffer from water intrusion, arguing that the court lacks jurisdiction because the claims are subject to arbitration pursuant to a clause in the purchase and sales agreement (Susan Rhoden, et al. v. Lennar Carolinas LLC, et al., No. 2019-CP-10-4807, S.C. Comm. Pls., Charleston Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-12%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%208%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CHICAGO - A proposed class for buyers of homes made by NVR Inc. that did not have solid wood cabinets as a standard feature and did not have 30-year roof shingles cannot be certified under Federal Rule of Civil Procedure 23(b)(3), a federal judge in Illinois ruled Dec. 13, finding that individual issues predominate over common classwide issues (Paul Smith, et al. v. NVR Inc., No. 17 C 8328, N.D. Ill., 2019 U.S. Dist. LEXIS 216560). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-12%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%209%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - Jeld-Wen Inc. tells the Fifth Circuit U.S. Court of Appeals in a brief filed Dec. 18 that a judgment ordering the company to pay a couple $335,000 should be overturned because a federal judge in Louisiana erred when converting the plaintiffs' breach of express warranty claim over a redhibitory defect to a cause of action stemming from a breach of contract (Ronald Leo, et al. v. Jeld-Wen Inc., No. 19-30761, 5th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-12%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%2010%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A Georgia couple and a company that own homes in Florida filed a class action in federal court in California on Dec. 2 against the maker of hurricane straps that were attached to their homes, alleging that the straps are defective because they prematurely corrode and do not protect homes against damages caused by hurricane-force winds (Cary W. Cooper, et al. v. Simpson Strong-Tie Co. Inc., et al., No. 19-cv-7901, N.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-12%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%2011%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' AKRON, Ohio - The Catholic Diocese of Cleveland on Jan. 2 sued a roofing contractor in Ohio state court, complaining that it paid more than $48,000 for gym roof repairs that were never completed (Bishop of the Catholic Diocese of Cleveland v. Bella Roofing, et al., No. 2020-01-0014, Ohio Comm. Pls., Summit Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-11%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%201%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' AUSTIN, Texas - The Texas Supreme Court on Nov. 22 upheld a ruling finding that a home warranty company is not required to arbitrate a couple's class claims accusing it of requiring homeowners to provide overbroad releases as a precondition to fulfilling its warranty obligations to remedy construction defects, holding that judges, not arbitrators, determine issues of arbitrability (Nathan Robinson, et al. v. Home Owners Management Enterprises Inc., No. 18-0504, Texas Sup., 2019 Tex. LEXIS 1170). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-11%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%202%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' WILMINGTON, Del. - A federal judge in Delaware on Dec. 2 overruled a couple's objections to a magistrate judge's recommendation to affirm an arbitrator's award in a construction defects case, holding that the magistrate judge did not err in finding that the arbitration provision of a home warranty was valid and enforceable (Jason Jones, et al. v. Home Buyers Warranty, et al., No. 17-773-JFB,SRF, D. Del., 2019 U.S. Dist. LEXIS 206878). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-11%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%203%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' TALLAHASSEE, Fla. - The Florida Supreme Court on Nov. 12 refused to accept jurisdiction over D.R. Horton Inc. - Jacksonville's request for review of an appeals court's ruling affirming the admissibility of two experts' opinions about construction defects and repair recommendations, thus cementing a condominium owners' association's $9.6 million verdict (D.R. Horton Inc. - Jacksonville v. Heron's Landing Condominium Association of Jacksonville Inc., No. SC19-352, Fla. Sup., 2019 Fla. LEXIS 1935). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-11%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%204%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' OKLAHOMA CITY - The Oklahoma Supreme Court on Nov. 14 issued a mandate stating that it would not review an appeals court panel's ruling affirming the dismissal of plaintiffs' negligence claim against the owner of a construction company they hired to build their home (Lana Tyree, et al. v. Brent Cornman, et al., No. 115,866, Okla. Sup.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-11%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%205%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' CARSON CITY, Nev. - A homeowners association asked the Nevada Supreme Court on Oct. 29 to review a trial court judge's Oct. 2 decision to award summary judgment to the developer and contractors who constructed rock walls in a development on the ground that the lawsuit is barred by the state's six-year statute of repose (Somersett Owners Association v. Somersett Development Co. Ltd., et al., No. 79921, Nev. Sup.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-11%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%206%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' MINNEAPOLIS - A federal judge in Minnesota on Nov. 4 granted a motion for judgment on the pleadings filed by the makers of windows that allegedly became prematurely cloudy and the local distributor of the windows, finding that a couple failed to sufficiently allege that the defendants misled them about the warranty on the product (Dean R. Anderson, et al. v. 139957 Ontario Ltd., et al., No. 18-CV-1672, D. Minn., 2019 U.S. Dist. LEXIS 190608). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-11%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%207%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' RICHMOND, Va. - A panel of the Virginia Supreme Court on Oct. 31 reversed a trial court judge's ruling that a family and property owner could not pursue breach of contract claims against a builder accused of failing to install weatherproofing on a home that led to water intrusion and mold growth, finding that a second amended complaint sufficiently alleged an agency relationship between the plaintiffs and that the property owner was an intended third-party beneficiary to the construction contract (George Tingler, et al. v. Graystone Homes Inc., No. 180791, Va. Sup., 2019 Va. LEXIS 138). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-11%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%208%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A woman on Oct. 25 sued a contractor she hired to renovate a four-unit residential building in California state court, complaining that the defendant's failure to properly cover the roof during the project allowed for rainfall to enter the building, causing extensive damage to the interior and necessitating temporary housing for the tenants (Nancy Oey v. AMC Construction Inc., No. CGC-19-580298, Calif. Super., San Francisco Co., 2019 Cal. Sup. Ct. Pleadings LEXIS 8639). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-11%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%209%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' WILMINGTON, Del. - A couple sued a general contractor and a subcontractor in Delaware state court on Nov. 6, claiming that they did not discover that construction defects were allowing water to infiltrate their home and cause significant damage and that they were "blatantly ignorant" of the problem until a contractor discovered it in August (Ryan Altenbaugh, et al. v. Benchmark Builders Inc., et al., No. N19C-11-046, Del. Super., New Castle Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-11%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%2010%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' DELAND, Fla. - A woman says in a lawsuit filed Nov. 7 in Florida state court that the contractor she hired to replace her roof was negligent and breached the terms of the contract between the parties because the improper installation of the roof allowed for water intrusion that damaged the interior of her home (Jody Brown v. Florida Interstate Roofing Co. LLC, No. 2019-18042 CODL , Fla. Cir., 7th Dist., Volusia Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-11%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%2011%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - The subsequent owner of a home filed a lawsuit in California state court on Nov. 4 accusing the contractor who built the roof deck on the home of construction defects, claiming that the improper sloping of the deck allowed water to infiltrate the house, damage the master bedroom and allow for mold growth (Jeffrey Salchow v. Universal Developing Inc., et al., No. CGC-19-580530, Calif. Super., San Francisco Co., 2019 CA. Sup. Ct. Pleadings LEXIS 8869). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-11%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%2012%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' TAMPA, Fla. - A number of active military personnel and their spouses on Dec. 2 filed a class action in Florida federal court accusing the owners and developers of the MacDill Air Force Base of failing to provide them with sufficient housing due to mold infestations that they claim have caused economic losses and physical injuries (Joshua Lenz, et al. v. Michaels Organization LLC, et al., No. 19-cv-2970-T-30, M.D. Fla.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=20-11%20Mealey%27s%20Litig.%20Rep.%20Constr.%20Defects%2013%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' RICHMOND, Texas - A woman says in a lawsuit filed in state court on Oct. 21 that the builder of her home was negligent for failing to inform her about a burst polyethylene pipe (PEX) that caused a flood in the master bedroom, improperly remediating mold that later grew in the house and starting a fire during the remediation of the mold (Carmen Melillo v. Perry Homes LLC, NO. 19-DCV-267788, Texas Dist., 434th Jud. Dist., Fort Bend Co., 2019 TX. Dist. Ct. Pleadings LEXIS 313745).