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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®


7th Circuit: Plaintiffs Forfeited Challenges To Ruling Barring Expert Testimony
CHICAGO - A proposed class of consumers who claimed that windows made by Kolbe & Kolbe Millwork Co. were defective because they allowed for water intrusion that caused property damage forfeited their ability to challenge a ruling by a federal judge barring the testimony of two experts, a Seventh Circuit U.S. Court of Appeals panel ruled July 11, explaining that the plaintiffs should have raised their arguments in response to the manufacturer's motion under Daubert v. Merrell Dow Pharmaceuticals, Inc. (Mary Haley, et al. v. Kolbe & Kolbe Millwork Co., No. 16-3192, 7th Cir., 2017 U.S. App. LEXIS 12381).

Pella MDL Judge Refuses To Deny Certification In Remaining Class Actions
CHARLESTON, S.C. - The federal judge in South Carolina overseeing litigation stemming from two models of Pella Corp. windows that are allegedly defective denied the manufacturer's request to deny certification in all remaining class action suits in the multidistrict litigation on July 21, holding that there are issues in the suits that would need to be briefed (In re: Pella Corporation Architect and Designer Series Windows Marketing, Sales Practices and Products Liability Litigation, 14-mn-00001-DCN, D. S.C., 2017 U.S. Dist. LEXIS 114223).

9th Circuit Says Evidence Showed Defective Couplings Damaged Water Supply
PORTLAND, Ore. - An association of condominium owners provided sufficient evidence to show that a company's defective valves and couplings in hot water storage tanks for kitchen sinks and dishwashers damaged their potable water supply when releasing black particles that contained possible carcinogens, a Ninth Circuit U.S. Court of Appeals panel ruled July 25 (Benson Tower Condominium Owners Association v. Victaulic Company, No. 15-35119, 9th Cir., 2017 U.S. App. LEXIS 13447).

Couple Sufficiently Stated Claims Over Leaky Water Filter System, Judge Says
SEATTLE - A federal judge in Washington on July 31 denied a motion to dismiss a couple's lawsuit against the manufacturer of a water filtration system that leaked in their home and allowed them to amend their complaint to add two other companies involved in the manufacturing of the product after finding that they sufficiently stated claims under the Washington Products Liability Act (WPLA) (Larry Frisvold, et al. v. Pentair Filtration Solutions LLC, et al., No. C17-136-RSL, W.D. Wash., 2017 U.S. Dist. LEXIS 119939).

Ohio Appeals Court: Photos Of Construction Defects Were Not New Evidence
WARREN, Ohio - An Ohio appeals panel on July 31 affirmed a municipal court judge's ruling to deny a woman's request for relief from a judgment in favor of a contractor accused of negligently installing a drain pipe, holding that two photographs the woman produced in support of her request were not newly discovered evidence (Ann Karnofel v. Dan Nye, No. 2016-T-0119, Ohio App., 11th Dist., 2017 Ohio App. LEXIS 3152).

Texas Appeals Court Finds No Error In Enforcing Agreement For Building Defects
HOUSTON - A trial court judge did not err when awarding summary judgment to a plaintiff who sought to enforce a settlement agreement wherein a home builder agreed to buy back a home with construction defects, a Texas appellate panel ruled July 6, holding that the agreement was enforceable (Carnegie Homes & Construction LLC v. Funda Sahin, No. 01-16-00733-CV, Texas App., 1st Dist., 2017 Tex. App. LEXIS 6182).

California Appeals Court Finds Verdict Against Siding Maker Was Not Inconsistent
SACRAMENTO, Calif. - A jury's verdict finding that the manufacturer of fiber cement siding was 10 percent liable for $2.5 million in water intrusion damages at a townhome development on the ground that the company's product did not perform as an ordinary consumer would have expected was not inconsistent with the jury's other conclusion that the product was not negligently designed, a California appellate panel ruled July 10 (Riverview Townhomes Owner's Association v. James Hardie Building Products Inc., No. C078252, Calif. App., 3rd Dist., 2017 Calif. App. Unpub. LEXIS 4673).

Appeals Court Upholds Dismissal Of Association's Claims Against Subcontractors
COLUMBIA, S.C. - A homeowners association's claims against the subcontractors who designed and installed driveways that were allegedly too steep and cracked prematurely were properly dismissed as untimely, a South Carolina Court of Appeals panel ruled July 19 (Rivergate Homeowners' Association v. WW & LB Development Company LLC, et al., No. 2015-00248, S.C. App., 2017 S.C. App. Unpub. LEXIS 328).

Appeals Court Says Settlement Does Not Bar Contract Claims Over Building Defects
SEATTLE - A settlement agreement between a property owner and a construction company did not bar the owner's claim for breach of contract for failure to adhere to standard good building practices, a Washington appellate panel ruled July 17, holding that the agreement resolved only issues stemming from a lien the contractor put on the building (620 LLC v. Meridian Inc., d/b/a Meridian Construction, No. 75331-2-I, Wash. App., 1st Div., 2017 Wash. App. LEXIS 1664).

Shingle Maker Says Man Lacks Causation Evidence To Support Remaining Claims
ATLANTA - The manufacturer of roofing shingles that are allegedly defective as a result of premature deterioration filed a motion for summary judgment in Georgia federal court on July 11 asserting that a man lacks sufficient causation evidence to support his remaining claims for breach of express warranty, breach of implied warranty, fraudulent concealment and declaratory relief (In re: Atlas Roofing Corporation Chalet Shingle Products liability Litigation, MDL 2495, Michael Mazza, et al. v. Atlas Roofing Corporation, No. 13-CV-4218-TWT, N.D. Ga.).

Plaintiff: Claims Against Retailer Over Dimensional Lumber Are Sufficient
CHICAGO - A man who claims that Home Depot Inc. is violating the Illinois Consumer Fraud Act (ICFA) when selling lumber that does not measure to its advertised specifications says in a July 21 brief filed in Illinois federal court that his allegations sufficiently state a claim under Federal Rule of Civil Procedure 12b(6) (Mikhail Abramov v. Home Depot Inc., No. 17-cv-01860, N.D. Ill.).

Home Builder Says Knowledge Of Faulty Stucco Warrants Summary Judgment
ORLANDO, Fla. - Pulte Home Corp. moved for summary judgment in Florida federal court on July 21, arguing that purchasers of homes with stucco that was improperly installed are not entitled to damages because they knew of the defect at the time they purchased their homes (Shaun Gazzara, et al. v. Pulte Home Corporation, No. 16-cv-657-Orl-31TBS, M.D. Fla.).

Improper Stucco Installation Caused Moisture Intrusion, Man Says
NEW PORT RICHEY, Fla. - A man filed a lawsuit in Florida state court on Aug. 1 claiming that the improper installation of stucco on his home by the builder and a number of subcontractors caused moisture intrusion that decreased the value of the property and caused damage (Eugenio Lora v. Lennar Homes, et al., No. 2017-CA-002453, Fla. Cir., Pasco Co.).

Man Says Home Builder, Subcontractors Liable For Cracking Stucco
GREEN COVE SPRINGS, Fla. - A man filed suit in Florida state court on July 24 against the builder of his home, claiming that the company as well as the painting and stucco subcontractors it hired are liable for damage to his home caused by an improperly installed stucco system (Saulo O. Meneses v. KB Home Jacksonville LLC, No. 2017-CA-743, Fla. Cir., Clay Co.).

Homeowner Says Improperly Applied Stucco Violates Florida Building Code
TAMPA, Fla. - A Florida woman filed a lawsuit in state court against the builder of her home on July 20, claiming that the stucco on the home was improperly applied in violation of the Florida Building Code (Tammy Marie Sullivan v. Pulte Home Corporation, No. 17-CA-006860, Fla. Cir., Hillsborough Co.).

Florida Couple Sues Home Builder Over Cracked Stucco
ORLANDO, Fla. - A Florida couple filed a lawsuit in state court on July 20 against the builder of their home, claiming that its improper installation of stucco violated the Florida Building Code and resulted in cracks (Mabel Rojas, et al. v. KB Home Orlando LLC, No. 2017-CA-006631, Fla. Cir, Orange Co.).

Judge Stays Construction Defects Suit Pending Possible Settlement
ORLANDO, Fla. - A Florida judge on June 26 granted a homeowners' association's motion to stay proceedings in a construction defects suit until November based on the association's representation that it is seeking to settle the action with the builder (Somerset Chase Homeowners Association Inc. v. CalAtlantic Group Inc., et al., No. 2017-CA-005546-O, Fla. Cir., Orange Co.).

Colorado High Court Says Developer Has Right To Veto Changes To Declaration
DENVER - A 5-2 majority of the Colorado Supreme Court on June 5 ruled that developers should maintain the right to consent to amendments made to a common interest community's declaration requiring that construction defect allegations be resolved through arbitration (Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al., No. 15SC508, Colo. Sup., 2017 Colo. LEXIS 441).

Appeals Court: No Error In Arbitrator's Rejection Of Contractor's Counterclaim
MINNEAPOLIS - A Minnesota appeals court panel on June 19 affirmed an arbitrator's decision to reject a general contractor's counterclaim that a roofing subcontractor performed defective work at a different job site, holding that the arbitrator did not add extracontractual terms to the parties' arbitration agreement (Minnkota Architectural Products Co., Inc. v. Rice Lake Construction Group, No. A16-2011, Minn. App., 2017 Minn. App. Unpub. LEXIS 541).

Ohio Appeals Court Reverses Ruling Compelling Arbitration In Defects Suit
AKRON, Ohio - A trial court judge in Ohio erred when granting a home builder's motion to stay proceedings and compel arbitration of a construction defects case, an Ohio appeals panel ruled June 5, finding that the judge was required to first hold a hearing on the motion (Thomas Kelsey, et al. v. Carrington Homes, Inc., No. 16CA0066-M, Ohio App., 9th Dist., 2017 Ohio App. LEXIS 2163).

Appeals Court Affirms Judgment Against Contractor For Injuries From Guardrail
ANNAPOLIS, Md. - A Maryland appeals court panel on May 31 affirmed a judgment against a general contractor for injuries a man sustained after an improperly installed guardrail at a home failed and allowed him to fall 13 feet, finding that the contractor owed a duty to subsequent purchasers of the home (Marrick Homes, LLC, v. Adam Rutkowski, et al., No. 655 Sept. Term 2016, Md. Spec. App., App., 2017 Md. App. LEXIS 562).

4th Circuit: Settlement Agreement Bars Association's Suit Over Defective Windows
RICHMOND, Va. - A settlement agreement that was approved by a federal judge in South Carolina in 2015 that resolved 18 class action lawsuits filed against the manufacturer of allegedly defective windows barred a condominium owners association's California state court lawsuit against the manufacturer, a Fourth Circuit U.S. Court of Appeals panel ruled June 20 in affirming a ruling that the state court suit violates the Anti-Injunction Act (AIA) (In re: MI Windows and Doors, Inc. Products Liability Litigation, No. 16-1146, 4th Cir., 2017 U.S. App. LEXIS 10886).

Homeowner Says Pella Should Pay For Damages Caused By Defective Windows
NEW ORLEANS - Pella Corp. should pay for the damages that occurred at a home that resulted from water leaks from the original windows, as well as for replacement windows installed in 2009, the homeowner says in a lawsuit filed June 26 in Louisiana federal court (Bobby J. Delise v. Pella Corporation, No. 17-cv-06186, E.D. La.).

Judge Denies Tennessee Man's Motion To Certify Class Over Faulty Shingles
ATLANTA - A federal judge in Georgia on June 8 refused to certify a class for homeowners in Tennessee whose houses have Atlas Roofing Corp.'s Chalet brand shingles that are allegedly defective because they retain water and prematurely cup and curl, finding that the individual issues predominate over classwide issues (In re: Atlas Roofing Corporation Chalet Shingle Products liability Litigation, MDL 2495, Michael Mazza, et al. v. Atlas Roofing Corporation, No. 13-CV-4218-TWT, N.D. Ga., 2017 U.S. Dist. LEXIS 88495).

Texas Appeals Court Upholds Ruling Finding Homeowner Failed To Provide Notice
HOUSTON - A Texas appeals panel on June 20 upheld a ruling awarding summary judgment to a home builder after finding that a homeowner failed to provide the required presuit notification pursuant to the Residential Construction Liability Act (RCLA) (Vision 20/20, Ltd. v. Cameron Builders, Inc., No. 14-15-01011-CV, Texas App., 14th Dist., 2017 Tex. App. LEXIS 5596).

Texas Appeals Court Affirms Verdict Against Maker Of Defective Concrete
FORT WORTH, Texas - A Texas appellate court panel on June 15 affirmed a jury's verdict finding that a concrete manufacturer should indemnify a contractor that installed concrete that was defectively made, holding that the trial court judge did not err when striking the manufacturer's expert testimony and that the company did not clearly argue in its post-trial motions that the contractor that finished the concrete was a seller under the Texas Products Liability Act (TPLA) (RDJRLW, Inc. v. Bobby Elbert Miller, Jr., d/b/a Miller Construction, et al., No. 02-16-00132-CV, Texas App., 2nd Dist., 2017 Tex. App. LEXIS 5494).

Judge Limits What Architect Must Pay If Liable For Construction Defects
NEW ORLEANS - A subcontractor that is suing an architecture firm over construction defects at the Boomtown Casino in Harvey, La., can seek to recover amounts it paid to a contractor to resolve arbitration proceedings and amounts it received from its insurer if the architect is found liable, a federal judge in Louisiana ruled June 26 (AFC, Inc. v. Mathes Brierre Architects, P.C., No. 16-16560, E.D. La., 2017 U.S. Dist. LEXIS 98076).

Illinois Appeals Court Finds Affidavit Supported Damages From Construction Defects
CHICAGO - An Illinois appeals panel on June 29 affirmed a trial court's decision to award $206,348.06 in damages to a couple accusing a general contractor of breach of contract and breach of implied warranty, ruling that an affidavit submitted by the husband sufficiently showed the amount of damages they incurred as a result of the contractor's actions (Thomas Herlihy, et al. v. Collins Construction Inc., et al., No. 1-16-1142, Ill. App., 1st Dist., 4th Div., 2017 Ill. App. Unpub. LEXIS 1338).

New York Appeals Court Finds Suit Over Defectively Installed Pool Is Untimely
ALBANY, N.Y. - An appeals court panel in New York on June 22 upheld a ruling finding that a man's breach of warranty suit over an allegedly defectively installed pool was untimely because it was filed more than six years after the pool was installed (Paul Fallati v. Concord Pools, Ltd., No. 524075, N.Y. Sup., App. Div., 3rd Dept., 2017 N.Y. App. LEXIS 5089).

Judge Erred When Piercing Contractor's Corporate Veil Sua Sponte, Panel Rules
INDIANAPOLIS - An Indiana appellate panel on June 1 overturned a trial court judge's sua sponte decision to pierce a remodeling company's corporate veil in order to find the owner personally liable for construction defects and faulty workmanship, holding that the Indiana Home Improvement Contract Act (HICA) does not give the court such authority (DNS Allen, LLC, d/b/a D & S Allen, LLC v. Alan Cox, et al., No. 61A1-1609-CC-2141, Ind. App., 2017 Ind. App. LEXIS 713).

Kansas Appeals Court: Exhaust Fan Housing, Motor Not Integral To Home
TOPEKA, Kan. - An appellate panel in Kansas on June 2 reversed a ruling awarding summary judgment to the manufacturers of a bathroom exhaust fan housing and motor, finding that a builder's claims that the fan's motor caused two fires are not barred by the economic loss doctrine because bathroom exhaust fans are not integral parts of a home (Corvias Military Living, LLC v. Ventamatic, Ltd., et al., No. 116,307, Kan. App., 2017 Kan. App. LEXIS 38).

Home Depot Asks To Have Same Judge Oversee Suits Over Lumber Sizes
CHICAGO - Home Depot Inc. moved in Illinois federal court on June 30 asking that the same judge presiding over a class action suit claiming that Menard Inc. sells dimensional lumber that is not the size that is labeled also oversee a similar class action suit against Home Depot, contending that the suits involve nearly identical allegations and common questions of law (Michael Fuchs, et al. v. Menard Inc., No. 17-cv-01752, N.D. Ill.).

PEX Pipe Maker Removes Suit Filed By Pulte Homes Over Ruptures
SAN ANTONIO - NIBCO Inc. on June 19 removed to Texas federal court a lawsuit filed by Pulte Homes of Texas L.P. claiming that PEX piping made by NIBCO is defective, arguing that complete diversity exists between the parties and because Pulte is seeking more than $75,000 in damages (Pulte Homes of Texas, L.P. v. NIBCO, Inc., No. 17-CV-544, W.D. Texas).

Parties In Fluidmaster MDL To Hold July 14 Settlement Conference
CHICAGO - The federal judge in Illinois presiding over a multidistrict litigation for lawsuits claiming that coupling nuts and hoses in water supply lines made by Fluidmaster Inc. are defective on June 14 stated that the parties will meet for a settlement conference on July 14 (In re: Fluidmaster, Inc., Water Connector Components Products Liability Litigation, MDL 2575, No. 14-cv-5696, N.D. Ill.).

Home Builder Agrees To Pay Penalty, Obtain Permits For Storm Water Discharges
NEWARK, N.J. - NVR Inc., doing business as Ryan Homes, on June 15 agreed to pay a $425,000 civil penalty and agreed to obtain National Pollutant Discharge Elimination System (NPDES) permits to resolve allegations from the federal government that the home builder was violating the Clean Water Act (United States of America v. NVR, Inc., No. 17cv4346, D. N.J.).

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.).