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Homeowners Affected by Stucco Defects Should Watch This Pennsylvania Supreme Court Case




by:
Jennifer M. Horn
Matthew G. Tom
Cohen Seglias Pallas Greenhall & Furman PC - Philadelphia Office

 
November 22, 2013

Previously published on November 15, 2013

Unfortunately, dealing with the serious and often financially debilitating issues related to defective stucco is nothing new to many Pennsylvania homeowners. In addition to repairing defective work, a homeowner’s status as a first purchaser of the home, as opposed to a subsequent purchaser, impacts his or her case against the builder. Recently, the Pennsylvania Supreme Court decided to rule on this issue - a ruling that will surely be impactful to homeowners and builders alike.

Recent History

Back in late 2012, the Pennsylvania Superior Court, in Conway v. Cutler Group, Inc., sharply altered the law governing the implied warranty of habitability (the “Warranty”) as it pertains to subsequent purchasers’ right to sue a homebuilder. There, the Superior Court extended the protection of the Warranty to subsequent home buyers, thereby altering the decades-old rule that limited standing to bring a claim against the homebuilder for breach of the Warranty to the original home buyer. This was good news for the numerous Pennsylvania homeowners impacted by defective construction involving stucco and who did not purchase their home from the homebuilder as an original owner. While the Superior Court’s decision still stands as the law in Pennsylvania, the Pennsylvania Supreme Court has decided to take up the issue for itself having granted a petition for appeal in the case.

Current Law Under Conway

Generally, the Warranty requires that homebuilders construct homes in a reasonably workmanlike manner, and that the homes be reasonably fit for living. A builder’s failure to meet these two fundamental requirements may make the builder liable to the homeowner for breach of the Warranty. Under the current law, subsequent home buyers who discover defects in the construction of their homes may bring suit against the homebuilder for a breach of the Warranty despite having had no contract or direct relationship with the builder.

Potential Impact of the Supreme Court’s Decision to Hear the Issue

Last month, the Supreme Court granted the Cutler Group, Inc.’s petition for appeal framing the issue to be decided as whether “the Superior Court wrongly decide[d] an important question of first impression in Pennsylvania when it held that any subsequent purchaser of a used residence may recover contract damages for breach of the builder’s implied warranty of habitability to new home purchasers?” The Court’s answer to this question may mean that the decades-old rule of limiting the scope of the Warranty is definitively dead, or it may mean a return to the restriction on the Warranty limiting its protection to original home purchasers. Whatever the outcome, homebuilders and homeowners alike should stay tuned for the Court’s decision. We will continue to monitor the case and will update the blog as news develops.



 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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Author
 
Jennifer M. Horn
Matthew G. Tom
Cohen Seglias Pallas Greenhall & Furman PC
 
Philadelphia Office
 
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