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Florida Condo Owners Seek Approval To Create Defective Drywall Settlement Fund

NEW ORLEANS - A group of Florida condo owners filed a motion in a Louisiana federal court on April 15 seeking approval of the creation of a settlement fund to cover remediation costs of units affected...

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Utah Appeals Panel Rules Trial Court Erred In Awarding Fees And Costs

SALT LAKE CITY - The Utah Court of Appeals on April 18 determined that homeowners suing a contractor for construction defects in common areas of a subdivision were not entitled to $141,575 in attorney...

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Texas Judge: Homeowners Must Serve Construction Firm With Initial Disclosures

DALLAS - A Texas federal magistrate judge on April 15 granted a motion to compel discovery filed by the defendant in a construction defect dispute, concluding that the plaintiffs failed to follow...

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Minnesota Appeals Panel: Homeowners Had Notice Of Construction Defects

ST. PAUL, Minn. - The Minnesota Court of Appeals on April 22 affirmed summary judgment for a home builder named as the defendant in a construction defects dispute, agreeing that the plaintiffs' claims...

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Tennessee Appeals Panel Finds Errors With Decisions In Construction Contract...

NASHVILLE, Tenn. - The Tennessee Court of Appeals on April 5 overturned trial court decisions on cross-claims brought by homeowners in a construction contract dispute, remanding the case for further...

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Oregon Appeals Panel Upholds Judgment In Construction Contract Case

SALEM, Ore. - The Oregon Court of Appeals on March 27 affirmed a judgment for a construction company in a breach of contract action, concluding that the trial court's determination "is supported by...

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Florida Appeals Panel: New Trial Necessary For Construction Contract Case

WEST PALM BEACH, Fla. - The Fourth District Florida Court of Appeal on April 24 remanded a construction contract dispute to the trial court for a new trial on damages and a determination of the correct...

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Alabama Federal Judge: Summary Judgment Premature In Construction Contract Case

BIRMINGHAM, Ala. - A federal judge in Alabama on April 3 denied summary judgment to the plaintiff in a construction contract dispute, concluding that facts remain regarding whether construction work...

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Homeowners Association Receives $1.9M Settlement For Construction Defects

Case name: 888 Seventh Street Owners Association v. 601 King LLC, et al....(read more)

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Texas Appeals Panel: Plaintiff Can't Recover For Construction Delays

DALLAS - The Fifth District Texas Court of Appeals on March 27 overturned a $100,000 award to a condominium owner for delays in a construction project, ordering that the plaintiff take nothing (Brent...

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Nevada Supreme Court Revives Condo Owners' Construction Defect Claims

CARSON CITY, Nev. - The Nevada Supreme Court on April 4 overturned summary judgment for the defendants in a construction defects action, ruling that the trial court erred in determining that the claims...

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South Carolina Panel: Builder's Arbitration Clause Lacked Mutual Remedy

COLUMBIA, S.C. - The South Carolina Court of Appeals on April 17 affirmed a trial court decision to deny a home builder's motion to compel arbitration in a construction defects action, "particularly in...

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Calif. Homeowners Association Secures $2M Settlement For Construction Defects

Case name: Cottage Lane At Windingwalk Association v. Otay MF1 LLC, et al....(read more)

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Texas Supreme Court: Woman's Construction Defect Claims Are Time-Barred

AUSTIN, Texas - The Texas Supreme Court on March 29 ruled that a homeowner should take nothing for damage allegedly caused by faulty construction work performed on the foundation of her home, agreeing...

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Pennsylvania Homeowners File Complaint Alleging Damages From Faulty Windows

PHILADELPHIA - A Pennsylvania couple filed a complaint in federal court on March 26, contending that they were misled and sold defective windows that caused damage to their newly constructed home...

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Nevada Federal Judge: Construction Defect Case Belongs In State Court

LAS VEGAS - A Nevada federal judge on April 5 remanded a construction defect class action case to state court, finding that removal by the defendant construction contractor was improper (Cecelia...

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Texas Jury Returns Defense Verdict In Construction Defect Case

Case name: Robert Hovel, et al. v. 7677 Real Street LLC, et al....(read more)

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Louisiana Appeals Panel: Summary Judgment Improper In Personal Injury Action

LAKE CHARLES, La. - A Louisiana appeals panel on April 3 overturned summary judgment for homeowners facing personal injury claims from a construction contractor who fell from their balcony and was...

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Texas Appeals Panel Affirms Dismissal Of Defective Driveway Case

AUSTIN, Texas - The Third District Texas Court of Appeals on May 1 upheld the dismissal of a woman's defective construction and personal injury claims, ruling that the defendants were not responsible...

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NECC Tort Claimants Envision $100M Fund, Reorganization Plan By December 2013`

BOSTON - A bankruptcy committee representing tort claimants against New England Compounding Center (NECC) on May 2 told a federal court that its objective is to get a reorganization plan confirmed for...

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