"News and Information for Construction Defect and Claims Professionals"
CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - FRIDAY, JULY 25, 2025
In Morningside Ministries v. Koontz McCombs Construction, the Court of Appeals of Texas considered whether the plaintiff’s construction defect claims were “inherently undiscoverable,” thereby tolling the applicable limitations period under the discovery rule.
In Morningside Ministries v. Koontz McCombs Construction, Ltd., No. 08:23-00332-cv, 2025 Tex. App. Lexis 3584 (Morningside), the Court of Appeals of Texas (Court of Appeals) considered whether the plaintiff’s construction defect claims were “inherently undiscoverable,” thereby tolling the applicable limitations period under the discovery rule. The lower court granted the defendants’ summary judgment motions, finding that the plaintiff’s breach of contract and breach of express warranty claims were brought outside of the four-year limitations period. On appeal, the plaintiff argued that the alleged defects were “inherently undiscoverable” as a matter of law, which tolled the applicable limitations period. The Court of Appeals reversed the lower court’s ruling, finding that the alleged defects were “inherently undiscoverable” and the defendants failed to conclusively negate the application of the discovery rule.
The plaintiff owned and operated several senior living facilities and, in 2012, hired defendant Koontz McCombs Construction, Ltd. (Koontz) to construct a 100-apartment addition to one of their facilities. The plaintiff also retained defendant Project Control of Texas, Inc. (Project Control) as the project manager. The defendants substantially completed their work in 2016 and, thus, the certificate of substantial completion was executed on March 31, 2016.
Mr. Sara may be contacted at sarag@whiteandwilliams.com
Reprinted courtesy of Gus Sara, White and Williams
As of July 1, 2025, the new jurisdictional limit for claims in General District Court has increased to $50,000.
Mr. Hill may be contacted at chrisghill@constructionlawva.com
Reprinted courtesy of The Law Office of Christopher G. Hill
The owner claimed the contract was unenforceable under Florida Statute s. 489.128 because the contractor was unlicensed.
Mr. Adelstein may be contacted at dma@kirwinnorris.com
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
The court granted the insurer's motion for summary judgment agreeing that the "increased Cost of Construction" provision limited the amount the appraisers could award.
Mr. Eyerly may be contacted at te@hawaiilawyer.com
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
A construction accident occurred at premises owned by Central Area Equities Associates LLC, insured by Associated. Associated, on behalf of Owner, tenered to Sentinal, who issued a policy of insurance to Venchi US Inc. as the sole named insured.
Mr. Rokuson may be contacted at crokuson@tlsslaw.com
Reprinted courtesy of Craig Rokuson, Traub Lieberman
Contractors are getting tangled up in the perfect storm of red tape and agency personnel changes.
Mr. Timm may be contacted at dtimm@burr.com
Reprinted courtesy of David Timm - Burr & Forman, LLP
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The nominal dollar damage award seemed to indicate that the jury did not believe the cost information provided by Black & Veatch, wrote Judge Andrea Wood in her May ruling.
Mr. Korman may be contacted at kormanr@enr.com
Reprinted courtesy of Richard Korman, Engineering News-Record
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In particular, Partners Jennine A. Gerrard and Clare Cunningham held that New York City’s “Window Guard Law," has no application to apartments not occupied by a child ten years of age or younger.
Reprinted courtesy of Lewis Brisbois
The most significant reason for contractor disputes is what I call the “imbalance” in the contractor/client relationship.
Reprinted courtesy of Jon Grishpul, GreatBuildz
Taking proactive steps to protect your business from litigation in California is not just smart -- it is essential.
Ms. Baldwin may be contacted at kbaldwin@wilkefleury.com
Reprinted courtesy of Kathryne E. Baldwin, Wilke Fleury
Policy is shifting daily, market volatility is acute and general economic instability is making risky what has generally been a rather strong postpandemic construction marketplace.
Las Vegas Partner Madeline Arcellana and Associate Reema Hassanieh have been recognized in Nevada Business Magazine as 2025 Top Rank Attorneys in Nevada.
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP
No. 1 brokerage Compass is pushing for sellers to market houses exclusively. Rivals and digital giant Zillow are striking back.
California Architectural Registration Board Supplemental Examination Commissioner
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Reprinted courtesy of Benjamin Schneider, Bloomberg
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