In Claudio Navarro v. Alfredo L. Borges, a construction laborer sued the general contractor and president of the company alleging they breached a duty to provide adequate safety equipment on the jobsite after he sustained injuries from a fall off a roof. On appeal, the Third District Court of Appeals for the State of Florida…
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In Johnson v. Toll Bros., Inc., two homeowners sued a construction contractor alleging that it had negligently constructed their house in such a manner that allowed significant water intrusion resulting in continuous damage for a period of at least five years up until the time they filed suit. 2023 PA Super 169, 302 A.3d 1231…
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In Hinman v. ValleyCrest Landscaping Dev., Inc., the Sixth Circuit Court of Appeals affirmed the United States District Court, for the Middle District of Tennessee, Nashville Division’s grant of summary judgment to a Third-Party Defendant based on the statute of repose. 89 F.4th 572, 573 (6th Cir. 2024). The underlying claim stemmed from alleged faulty…
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In 701 Palafox, LLC v. Scuba Shack, Inc., the Florida Court of Appeals reversed the trial court’s granting of a motion to amend to add punitive damages, holding that the moving party failed to make the required evidentiary showing to support a claim of gross negligence to seek punitive damages. 367 So. 3d 624 (Fla….
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In Rivas v. Purvis Holdings, LLC, the owner/general contractor of a 28-story building project was sued by an employee of a masonry contractor in an attempt to recover damages for injuries suffered at the construction site. 2023 WL 8440738. The trial court denied the plaintiff’s motion for summary judgment on the cause of action alleging…
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The Florida District Court of Appeals recently interpreted the statute of repose for construction claims in Westpark Preserve Homeowners Association, Inc. v. Pulte Home Corporation, 365 So. 3d 391 (Fla. Dist. Ct. App. 2023). The Court held that in projects where an Owner/Developer sold units to initial purchasers, the repose period ran from the issuance…
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In Commercial Painting Co. Inc. v. Weitz Co. LLC, the Supreme Court of Tennessee ruled the economic loss doctrine does not extend to fraud related to construction contract disputes. The case arose from a contract dispute between a general contractor, The Weitz Company, LLC (“Weitz”), and its subcontractor, Commercial Painting Company, Inc. (“Commercial”). In 2004,…
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In BEI-Beach, LLC v. Christman, a contractor was sued by the purchaser of a development for construction defects and a South Carolina appellate court held that the contractor was limited to an equitable indemnity claim against the project architect to recover damages for design defects that caused the contractor to incur expenses resulting from having…
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In Koba Mushkudiani v. Racanelli Construction Group, Inc., et al., an Appellate Division of the New York Supreme Court (“the Court”) affirmed summary judgment against the owner, general contractor, and developer of a construction project for violation of multiple New York Labor Laws. 2023 WL 5064219. Koba Mushkudiani (“Plaintiff”) was working on a construction site…
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In Borel Builders, Inc. v. Burke, 292 A.3d 1117 (Pa. Super. Ct. 2023), the Superior Court of Pennsylvania upheld a judgment against a home builder and determined it waived its statute of limitation defense because it failed to plead sufficient facts to support the defense. In May 2012, Brian and Pamela Burke (“the Burkes”) contracted…
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