News & Insights

Practice Area: Construction

NEGATIVE IMPACT OF FAILURE TO ESTABLISH PROPER MEASURE OF DAMAGES IN CONSTRUCTION DEFECT LITIGATION

In Bandklayder Development, LLC v. Sabga, Plaintiffs Joseph and Dunia Sabga (“Plaintiffs”) brought an action alleging breach of contract, violation of the Florida Building Code, and breach of implied warranty of fitness against residential developer, Bandklayder Development, LLC (“Defendant”). Bandklayder Dev., LLC v. Sabga, No. 3D23-1906, 2025 WL 15275, at *1 (Fla. 3d DCA Jan….
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FLORIDA APPELLATE COURT DETERMINES HOMEBUILDER IS NOT ENTITLED TO COMPEL ARBITRATION AGAINST SUBSEQUENT BUYERS OF THE HOME DUE TO ALL WARRANTIES BEING TIME-BARRED EXCEPT FOR STRUCTURAL DAMAGE WHICH WAS NOT ALLEGED BY BUYERS

In Osborne v. Drees Homes of Fla., Inc., a home builder deeded a built home to original buyers by a warranty deed in December 2012. No. 5D2023-2978, 2024 WL 4575415 (Fla. 5th DCA Oct. 25, 2024). In addition to the deed, the Parties entered into a purchase and sale agreement that contained a limited warranty…
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COURT OF APPEALS OF OHIO FINDS CONSTRUCTION COMPANY’S DUTY TO PERFORM HOME RENOVATION IN WORKMANLIKE MANNER DID NOT EXTEND TO SUBSEQUENT HOMEOWNERS

In Wood v. MAK Investment Properties, LLC, the Court of Appeals of Ohio affirmed the lower court’s grant of summary judgment for a construction company on claims brought by homeowners, finding privity of contract was necessary to maintain a negligence action against a subcontractor for remodeling work. 2024 WL 4164066. Plaintiffs Jason Wood and Charlene…
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COURT RULES THAT NONRECOURSE PROVISION IN COMMERCIAL CONTRACT BARRED TORT CLAIMS AGAINST PARTY THAT BREACHED CONTRACT

In Iberdrola Energy Projects v. Oaktree Capital Management L.P., 2024 WL 3363321 (N.Y. App. Div. July 11, 2024), a New York appellate court held that a nonrecourse provision in a construction contract entered into by sophisticated parties barred tort claims against the alleged breaching party. Defendants Oaktree Capital Management L.P. (“Defendants”) created a special-purpose entity,…
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PENNSYLVANIA APPELLATE COURT AFFIRMS SUMMARY JUDGMENT AGAINST HOMEOWNER FINDING THAT STATUTE OF REPOSE BARRED CLAIMS FOR NEGLIGENCE AND UNLAWFUL ACTS AGAINST CONTRACTOR

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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