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Preview: LexisNexis® Mealey's™ Construction Defects Legal News

LexisNexis® Mealey's™ Construction Defects Legal News

Headline Construction Defects Legal News from LexisNexis®


High Court Refuses To Take Up Shingle Maker's Appeal Over Arbitration
WASHINGTON, D.C. - The U.S. Supreme Court on May 22 denied a shingle manufacturer's petition for a writ of certiorari seeking review of a Missouri appellate panel's ruling that an arbitration clause was not enforceable because purchasers never agreed to arbitrate their claims with the company when purchasing the product (TAMKO Building Products, Inc. v. Lee Hobbs, et al., No. 15-1318, U.S. Sup.).

Texas Appeals Court: Mexican Shingle Maker Has Sufficient Contacts With State
SAN ANTONIO - An appeals panel in Texas on May 10 affirmed a trial court's finding that it has jurisdiction over a lawsuit brought against a Mexico-based manufacturer accused of selling defective shingles, finding that the company reasonably expected to do business in Texas (Laproba El Aguila SA de CV v. River City Roofing & Remodeling, Inc., No. 04-16-00637-CV, Texas App., 4th Dist., 2017 Texas App. LEXIS 4236).

Buyers Of Allegedly Defective Shingles Withdraw Request For Stay During Appeal
TRENTON, N.J. - A proposed class of consumers who purchased white cedar shingles that allegedly cup and curl due to water retention withdrew their motion to stay proceedings on May 12, and a federal judge in New Jersey gave the manufacturer a deadline of July 31 to file its motion for summary judgment (Ilene Stern, et al. v. Maibec, Inc., No. 11-3951, D. N.J.).

Colorado High Court Reverses Ruling Allowing Attorney To Represent Homeowners
DENVER - A 4-3 Colorado Supreme Court on May 22 reversed a ruling allowing an attorney and her firm to represent homeowners accusing a developer and other contractors of construction defects, ruling that the judge improperly found that the matter was subject to issue preclusion rather than the subsequently related requirement under Colorado Rules of Professional Conduct 1.9 and 1.10 (In re: Villas at Highland Park Homeowners Association, Inc. v. Villas at Highland Park, LLC, et al., No. 16SA212, Colo. Sup., 2017 Colo. LEXIS 415).

California Appellate Panel Upholds Ruling Finding Suit Over Water Leaks Untimely
LOS ANGELES - A lawsuit brought by owners of a home that experienced water leaks in three different areas was correctly found by a California state court judge to be untimely, an appeals panel ruled May 9, holding that the delayed discovery rule could not be applied to the plaintiffs' claims because the builder attempted to fix the problem (Veronica Hernandez-Keller, et al. v. Comstock Homes, Inc., et al., No B272362, Calif. App., 2nd Dist., Div. 2, 2017 Calif. App. Unpub. LEXIS 3180).

Appeals Court Says 3rd Settlement Agreement Bars Construction Defects Claims
MINNEAPOLIS - The last of three settlement agreements between a homeowners association and Pulte Homes of Minnesota LLC barred a lawsuit seeking additional damages from alleged construction defects, a Minnesota Court of Appeals panel ruled May 10, finding that the language of the last agreement was intended to resolve any possible remaining claims (Waters Edge Community Association, Inc. v. Pulte Homes of Minnesota, LLC, et al., No. A16-0950, Minn. App., 2017 Minn. App. Unpub. LEXIS 406).

Colorado Appeals Court: Setoff Should Be Applied To Verdict Before Limitation
DENVER - A Colorado appeals panel on May 18 reversed in part a trial court judge's decision to prevent a developer from obtaining a portion of a $9.5 million verdict entered against a grading company accused of breach of contract for providing services that resulted in defectively built homes, finding that the judge should have reduced the amount by first subtracting $592,500 the plaintiff company recovered from other contractors and then subtracting a $550,000 contractual limitation included in an agreement between the developer and the grading subcontractor (Taylor Morrison of Colorado, Inc., f/k/a Morrison Homes of Colorado, Inc. v. Terracon Consultants, Inc., No. 15CA1030, Colo. App., Div. 5., 2017 Colo. App. LEXIS 623).

Florida Appeals Panel Finds Arbitration Provision Is Against Public Policy
LAKELAND, Fla. - An arbitration provision in a sales agreement for a home that the owners claim has defectively installed stucco is against public policy because it prevents the couple from pursuing their allegations that the builder violated the Florida Building Code, a Florida appeals panel ruled May 31 in reversing an order compelling arbitration (Reginald Anderson, et al. v. Taylor Morrison of Florida, Inc., No. 2D16-314, Fla. App., 2nd Dist., 2017 Fla. App. LEXIS 7777).

Judge Denies Homeowner's Request To Enjoin Destructive Testing
BEAUFORT, S.C. - A federal judge in South Carolina on May 30 denied a woman's request for an injunction barring defendants accused of construction defects from conducting destructive testing on the stucco on her home, noting that the motion to compel the testing was withdrawn (Jacqueline Craft v. South Carolina Plastering, LLC, et al., No. 15-cv-5080-PMD, D. S.C., 2017 U.S. Dist. LEXIS 81816).

Appeals Court Affirms Summary Judgment For Sellers Of Allegedly Defective Home
FORT WORTH, Texas - A Texas Court of Appeals panel on May 4 affirmed a summary judgment ruling in favor of a couple who allegedly sold another couple a home with a defective foundation, finding that the plaintiffs had obtained an independent inspection of the home prior to the sale and that the sales agreement included an "as-is" clause (Benjamin Mead, et al. v. Paul Gray, et al., No. 02-16-00177-CV, Texas App., 2nd Dist., 2017 Texas App. LEXIS 4073).

Texas Appeals Court Finds Judge Erred When Striking Pulte's Affidavits
FORT WORTH, Texas - A Texas appeals court panel on May 4 reversed a trial court judge's ruling awarding summary judgment to a subcontractor accused by Pulte Homes of Texas L.P. of breaching a Contractor Base Agreement (CBA) after finding that the judge erred when striking affidavits submitted by the home builder in opposition to the motion for summary judgment (Pulte Homes of Texas, L.P. v. Texas Tealstone Resale, L.P., d/b/a Tealstone Reseale, L.P., et al., No. 02-16-00029-CV, Texas App., 2nd Dist., 2017 Texas App. LEXIS 4070).

Appeals Court Vacates Damages Awarded To Couple For Alleged Construction Defects
SEATTLE - A Washington appeals panel on May 22 vacated a trial court judge's decision to award $9,772.50 in damages to a couple who accused their home builder of defective construction, holding that the builder's failure to complete a cedar fence and issues with the kitchen cabinets and trim and the exterior stone veneer of the garage did not breach the terms of the real estate purchase and sale agreement (REPSA) (Ian Schumacher, et al. v. T. Garrett Construction, Inc., No. 76022-0-I, Wash. App., Div. 1, 2017 Wash. App. LEXIS 1226).

Plaintiffs' Counsel Informs Judge Of Settlement Over Allegedly Defective Decking
NEWARK, N.J. - Counsel for plaintiffs who claim that decking made by Azek Building Products Inc. is defective because it prematurely faded, discolored, scratched and stained informed a federal judge in New Jersey on May 24 that they have reached a settlement with the manufacturer (In re: Azek Building Products Inc.; Marketing and Sales Practices Litigation, MDL 2506, Mel Beucler, et al. v. CPG International Inc., et al., No. 12cv6627, D. N.J.).

Colorado Governor Signs Bill Aimed At Making Defects Lawsuits Harder To File
DENVER - According to published reports, Colorado Gov. John Hickenlooper on May 23 signed into law a bill designed to make it harder to sue developers of condominiums by requiring that a majority of unit owners consent to filing a lawsuit before it can be brought.

Owners' Association: Developer Mass Produced Defectively Built Condominium Units
SAN FRANCISCO - A homeowners association on April 3 filed a lawsuit in California state court accusing a developer and its owner of mass producing condominium units that are defectively built due to unsealed flashing, doors that do not close properly and leaking skylights (1734 Lombard Street Owners' Association v. Lombard Bay Associates, LLC, et al., No. CGC-17-557909, Calif. Super., San Francisco Co.).

Lack Of Commonality Dooms Proposed Class Of Pulte Homeowners, Judge Rules
ORLANDO, Fla. - A proposed class of homeowners claiming that Pulte Home Corp. improperly installed stucco on their homes in violation of the Florida Building Code was denied certification by a federal judge in Florida on April 11, after the judge found that the class failed to satisfy Federal Rule of Civil Procedure 23's commonality and ascertainability requirements (Shaun Gazzara, et al. v. Pulte Home Corporation, No. 16-cv-657-Orl-31TBS, M.D. Fla., 2017 U.S. Dist. LEXIS 55031).

Judge Refuses To Reconsider Ruling Excluding Plaintiffs' Stucco Expert
ORLANDO, Fla. - A federal judge in Florida on April 17 denied a motion filed by plaintiffs seeking reconsideration of a decision excluding the testimony of their expert, who opines that Pulte Home Corp.'s violations of the Florida Building Code caused the stucco on their homes to crack, finding that plaintiffs are attempting to present a new theory of liability (Shaun Gazzara, et al. v. Pulte Home Corp., No. 16-cv-00657, M.D. Fla.).

Chinese Drywall MDL Judge Adopts Formula To Calculate Remediation Damages
NEW ORLEANS - The federal judge in Louisiana overseeing litigation stemming from defective drywall manufactured in China on April 21 adopted an expert's formula that states that class members should receive $86 per square foot to remediate damage to their homes' electrical and plumbing systems that resulted from the use of the building material that was made by Taishan Gypsum Co. Ltd. and other China-based companies (In re: Chinese-Manufactured Drywall Products Liability Litigation, MDL No. 2407, E.D. La., 2017 U.S. Dist. LEXIS 60911).

MDL Judge Says Court Has Jurisdiction Over China-Based Drywall Makers
NEW ORLEANS - The federal judge presiding over lawsuits claiming that drywall manufactured in China and installed in their homes is defective because it causes corroding of copper pipes and electrical wires ruled April 21 that homeowners can pursue claims against companies based in that country because the court has jurisdiction over their claims (In re: Chinese-Manufactured Drywall Products Liability Litigation, MDL No. 2407, E.D. La., 2017 U.S. Dist. LEXIS 60914).

Florida Appeals Court Reinstates Homeowner's Defects Suit Against Builder
DAYTONA BEACH, Fla. - A homeowner's construction defects lawsuit against the builder of his home was reinstated by a Florida appeals panel on April 13; the court found that the action was not barred by the 10-year statute of repose (Timothy Busch v. Lennar Homes, LLC, No. 5D16-1626, Fla. App., 5th Dist., 2017 Fla. App. LEXIS 5106).

Colorado High Court Says Privity Needed For Homeowner To Sue Developer
DENVER - The Colorado Supreme Court on April 17 ruled that a homeowner who claims that his basement is uninhabitable due to water in his basement cannot pursue a claim against the developer for breach of the implied warranty of suitability, finding that the homeowner did not have privity to a contract between the developer and the home builder (Forest City Stapleton Inc. v. Tad S. Rogers, No. 15SC1089, Colo. Sup., 2017 Colo. LEXIS 281).

Nevada High Court: Stays Did Not Warrant Dismissal Of Suit Against Builder
CARSON CITY, Nev. - A trial court judge in Nevada erred when finding that two stays entered during the course of a homeowners association's lawsuit against a home builder over alleged construction defects warranted dismissal of the action for want of prosecution, a Nevada Supreme Court panel ruled March 30 (High Sierra Ranch Homes Owners Association v. Richard Joseph and Company, No. 68945, Nev. Sup., 2017 Nev. Unpub. LEXIS 222).

Appeals Court Reinstates Association's Warranty Claim Against Developer
MINNEAPOLIS - An appellate court panel in Minnesota on April 17 overturned a trial court judge's ruling finding that a building association's breach of express warranty claim arising from water intrusion caused by a lack of proper caulking was untimely, ruling that the judge applied the wrong statute of limitations period (Town Center Office Plaza Association, Inc. v. Carlson Real Estate Ventures, LLC, et al., No. A16-1230, Minn. App., 2017 Minn. App. Unpub. LEXIS 349).

Judge: 'As Is' Clause Does Not Bar Buyers' Suit Over Defective Grading
HONOLULU - A couple who purchased a lot of land that cannot be built upon due to excessive grading that was done without the proper permits and inadequate fill can pursue a claim for breach of contract against the seller, a federal judge in Hawaii ruled April 5, ruling that the plaintiffs' allegations for the claim were sufficient (Thorin J. Lindstrom, et al. v. Moffett Properties, et al., No. 16-00079, D. Hawaii, 2017 U.S. Dist. LEXIS 52762).

Magistrate Judge Recommends Denying Dismissal Of Defective Drop Lot Suit
SCRANTON, Pa. - A federal magistrate judge in Pennsylvania on April 27 recommended denying without prejudice a subcontractor's motion to dismiss a lawsuit claiming that it provided substandard work when providing services regarding the construction of a drop lot used to house up to 450 tractor-trailers, finding that the arguments can be better decided with additional evidence (New Prime, Inc. v. Brandon Balchune Construction, et al., No. 14-CV-2410, M.D. Pa., 2017 U.S. Dist. LEXIS 64891).

Judge: Subcontractor Can Seek Indemnification From Architect For Defects
NEW ORLEANS - A subcontractor can seek indemnification from an architect accused of causing construction defects at a casino, a federal judge in Louisiana ruled April 27, holding that the claim is timely and supported by evidence proffered by the plaintiff (AFC, Inc. v. Mathes Brierre Architects, P.C., No. 16-16560, E.D. La., 2017 U.S. Dist. LEXIS 65263).

Window Installer Can Seek Common-Law Indemnity Claim Against Maker, Justice Says
NEW YORK - A subcontractor that installed windows in a condominium building at the heart of a construction defects lawsuit can pursue a claim for common-law indemnification, but not contractual indemnification, a New York state court justice ruled April 24, because the installer had no role in the manufacturing of the product (Board of Managers of 500 4th Avenue Condominium v. Park Slope Group, LLC, et al., No. 504403/2016, N.Y. Sup., Kings Co., 2017 N.Y. Misc. LEXIS 1568).

Excusable Neglect Caused Couple's Failure To File Amended Complaint, Judge Says
TAMPA, Fla. - A federal judge in Florida on May 2 remanded for a second time a couple's wrongful death suit against the builder of their home, finding that their inability to file a second amended complaint that was going to include subcontractors who helped build the home by the April 7 deadline was the result of excusable neglect (Rohan B. Goldson, et al. v. KB Home, et al., No. 17-cv-848-T-24, 2017 U.S. Dist. LEXIS 66969).

Judge: Expert Unqualified To Testify On Dewatering Industry's Standard Practices
OMAHA, Neb. - A proposed expert who planned to testify on the standard of care for dewatering companies in Council Bluffs, Iowa, is unqualified to offer his opinion in support of claims brought by a construction company, a federal judge in Nebraska ruled April 20, finding that the man only worked for the company that was subsequently hired by the plaintiff company to provide dewatering services for a construction site (Judds Brothers Construction Co. v. Mersino Dewatering, Inc., No. 16CV1, D. Neb., 2017 U.S. Dist. LEXIS 60367).

Judge Approves Settlement For Homes Built Without Weather-Resistant Barrier
RALEIGH, N.C. - A North Carolina judge on April 17 entered final approval of a settlement for past and current owners of homes built by KB Home Raleigh-Durham Inc. in two developments in Cary, N.C., that were constructed without a weather-resistant barrier underneath the siding, finding that the terms of the agreement were fair and reasonable (Mark Elliott, et al. v. KB Home North Carolina, Inc., et al., No. 08 CVS 21190, N.C. Super., Wake Co., 2017 NCBC LEXIS 38).

Couple, Sears Home Improvement Settle Suit Over Improper Roof Installation
NEW ORLEANS - A federal judge in Louisiana on April 7 dismissed a couple's lawsuit accusing Sears Home Improvement Products Inc. (SHIP) of hiring a contractor that improperly installed a new roof on their home after learning that the parties had settled the lawsuit (Anthony Coleman, et al. v. Sears Home Improvement Products, Inc., No. 16-2537, E.D. La.).

Plaintiffs Appealing Dismissal Of Suit Over Faulty Air-Conditioning Coils
LOS ANGELES - Plaintiffs leading a proposed class action suit over air-conditioning units manufactured by Daikin Industries Ltd. that have evaporator coils that are allegedly defective filed a notice of appeal in California federal court on April 24 stating that they will ask the Ninth Circuit U.S. Court of Appeals to review a ruling dismissing their lawsuit (Joanna Park-Kim, et al. v. Daikin Industries, Ltd., et al., No. 15-cv-9523-CAS, C.D. Calif.).

Shingle Buyers Seek Stay Pending Appeal Of Ruling Denying Class Certification
TRENTON, N.J. - Purchasers of cedar shingles that allegedly cup and curl due to water retention asked a federal judge in New Jersey on May 3 to stay proceedings pending their appeal of a March 28 decision denying their motion for class certification and striking testimony from an expert (Ilene Stern, et al. v. Maibec, Inc., No. 11-3951, D. N.J.).

Jury Awards Couple $89,090 For Negligent Installation Of Spray Foam Insulation
NEW HAVEN, Conn. - A federal jury in Connecticut on March 16 found in favor of a couple who claimed that negligently installed spray polyurethane foam (SPF) insulation resulted in property damage and awarded them $82,400 for diminution in the value of their property and $6,690 in damages for the installation (Richard Beyer, et al. v. Anchor Insulation Co. Inc., et al., No. 13 CV 1576, D. Conn.).

Judge Excludes Causation Testimony From Homeowners' Expert On Stucco Installation
ORLANDO, Fla. - A civil engineer's education, experience and expertise in stucco installation was not enough to show that his testimony in support of a proposed class action filed by homeowners against Pulte Home Corp. satisfied the requirements of Daubert v. Merrill Dow Pharmaceuticals, 509 U.S. 579 (1993), a federal judge in Florida ruled March 3 in granting the home builder's motion to exclude (Shaun Gazzara, et al. v. Pulte Home Corporation, No. 16-cv-657-Orl-31TBS, M.D. Fla., 2017 U.S. Dist. LEXIS 30251).

Stucco Remediation Expert's Methodology Not Reliable, Relevant, Judge Rules
ORLANDO, Fla. - A stucco remediation expert's methodology for calculating the cost to repair homes made by Pulte Home Corp. that have improperly installed stucco is not reliable or relevant, a federal judge in Florida ruled March 10 in granting the builder's motion to exclude the testimony (Shaun Gazzara, et al. v. Pulte Home Corporation, No. 16-cv-657-Orl-31TBS, M.D. Fla.).

Judge Denies Certification Of Class Over Defective Shingles, Strikes Some Experts
TRENTON, N.J. - A federal judge in New Jersey on March 28 denied a motion to certify a class for consumers of cedar shingles that allegedly cup and curl due to water retention and struck testimony from experts for the plaintiffs and manufacturer Maibec Inc. (Ilene Stern, et al. v. Maibec, Inc., No. 11-3951, D. N.J.).

Majority Of Proposed Class's Claims Against Window Maker Dismissed By Federal Judge
MINNEAPOLIS - A federal judge in Minnesota on March 29 dismissed a majority of claims asserted by a putative class of consumers of two-pane inert glass unit (IGU) windows against the manufacturer, finding that the plaintiffs only sufficiently stated claims for breach of implied warranty of merchantability and breach of implied warranty based on course of dealing/usage of trade (Cheryl Luckey, et al. v. Alside, Inc., et al., No. 15-2512, D. Minn., 2017 U.S. Dist. LEXIS 47750).

Colorado Appeals Court Finds Homeowner Protection Act Covers Senior Facility
DENVER - A Colorado appeals panel on March 9 overturned a ruling awarding summary judgment to the builder of a senior living facility in a construction defects lawsuit, ruling that the building is residential property under the Homeowner Protection Act of 2007 (HPA) that waives the builder's rights under the Construction Defect Action Reform Act (CDARA) (Broomfield Senior Living Owner, LLC, et al. v. R.G. Brinkmann, d/b/a Brinkmann Constructors, No. 16CA0101, Colo. App., 2017 Colo. App. LEXIS 261).

Fluidmaster MDL Judge Denies Class Certification, Limits Experts' Testimony
CHICAGO - The federal judge in Illinois presiding over litigation over allegedly defective connector nuts in plumbing hoses manufactured by Fluidmaster Inc. on March 31 denied certification of a nationwide class and a number of subclasses, finding that they failed to satisfy the requirements of Federal Rule of Civil Procedure 23, and limited the testimony proffered by experts on both sides (In re: Fluidmaster, Inc., Water Connector Components Products Liability Litigation, MDL 2575, No. 14-cv-5696, N.D. Ill., 2017 U.S. Dist. LEXIS 48792).

Judge Approves $9.3M Settlement Over Rust-Oleum's Restore Products
CHICAGO - A federal judge in Illinois on March 6 entered final approval of a $9.3 million settlement that certified a class of consumers who purchased a concrete resurfacing paint made by Rust-Oleum Corp. that allegedly bubbled and flaked prematurely (In re: Rust-Oleum Restore Marketing, Sales Practices and Products Liability Litigation, MDL 2602, Case No. 15 C 1364, N.D. Ill.).

Woman Can Pursue Contract Claim Against Roof Installer, New York Federal Judge Says
WHITE PLAINS, N.Y. - A woman who claims that a roofing subcontractor defectively installed the roof on her home that eventually needed to be replaced can pursue a cause of action for breach of contract but cannot assert claims for unjust enrichment and attorney fees, a federal judge in New York ruled March 24 (Debra Rothberg v. Phil's Main Roofing, LLC, No. 14-cv-10095, S.D. N.Y., 2017 U.S. Dist. LEXIS 44839).

Couple's Contract, Negligence Claims Over Defective Roof Survive Dismissal
NEW ORLEANS - A federal judge in Louisiana on March 21 ruled that a couple sufficiently stated claims for breach of contract and negligence for a roof they claim was defectively installed by a contractor hired by Sears Home Improvement Products Inc. (SHIP) and allowed them to amend their allegations for redhibition, fraud and negligent misrepresentation (Anthony Coleman, et al. v. Sears Home Improvement Products, Inc., No. 16-2537, E.D. La., 2017 U.S. Dist. LEXIS 40961).

Judge Allows Couple To Name Contractor As A Defendant In Deadly Defects Suit
TAMPA, Fla. - A couple can amend a lawsuit claiming that defects in the construction of their home allowed for mold growth that led to the death of their daughter to include the general contractor who built the home, a federal judge in Florida ruled March 28 (Rohan B. Goldson, et al. v. KB Home, et al., No. 17-cv-340-T-24 AEP, M.D. Fla.).

Couple Can Amend Fraud, Building Code Violation Allegations, Judge Rules
TAMPA, Fla. - A couple claiming that the defective construction of their home allowed for water infiltration and mold growth that led to the death of their daughter can amend their allegations that the home builder violated the Florida Building Code and engaged in fraud, a federal judge in Florida ruled March 17 in granting in part the builder's motion to dismiss (Rohan B. Goldson, et al. v. KB Home, et al., No. 17-cv-340-T-24 AEP, M.D. Fla., 2017 U.S. Dist. LEXIS 38426).

Woman Sues Home Builder, Says Faulty HVAC System Caused Mold Growth
GALVESTON, Texas - A woman sued a home builder and its sales and marketing firm in Texas state court on March 1, claiming that defects in the heating, ventilation and air conditioning (HVAC) unit have caused mold growth (Kara Whiteley v. Lennar Homes of Texas, Ltd., et al., No. 17-CV-0253, Texas Dist., Galveston Co.).

Illinois Appeals Panel: Association's Email Did Not Trigger Mediation Provision
CHICAGO - A 2010 email from counsel for a condominium association to the president of its initial board of directors did not trigger a provision in the declaration of condominium ownership requiring that allegations of construction defects that lead to water intrusion go to mediation, an Illinois appellate panel ruled March 24 in reinstating the association's claims (Siena at Old Orchard Condominium Association, et al. v. Siena at Old Orchard, LLC, et al., No. 1-15-1846, Ill. App., 1st Dist., 5th Div., 2017 Ill. App. LEXIS 188).

Appeals Court Affirms Dismissal Of Contractor's Third-Party Claims Against LLC
CHICAGO - A general contractor's third-party lawsuit against a subcontractor that allegedly failed to properly install steel beams and ornamental steelwork was properly dismissed by a trial court judge, an Illinois appeals panel ruled March 31, after finding that the defendant LLC was not a mere continuation of a defendant corporation (The Groves of Palatine Condominium Association v. Walsh Construction Company, No. 1-16-1035, Ill. App., 1st Dist., 5th Div., 2017 Ill. App. LEXIS 204).

Judge: Subcontractors Owe Defense To Subrogated Insurer's Negligence Claim
BOSTON - Three subcontractors owe a defense to a general contractor against negligence and breach of the implied warranties of habitability and good workmanship claims brought by a subrogated insurer for water damage in a condominium building, a Massachusetts federal judge ruled March 22 (Philadelphia Indemnity Insurance Co. v. Consigli Construction Company Inc., et al. v. Central Ceilings Inc., No. 14-14687, D. Mass., 2017 U.S. Dist. LEXIS 41444).