Facts

Plaintiffs are homeowners in the Lexington Collection Community at Joshua Point, a 98-unit housing development in Lancaster. Plaintiffs filed suit against developer Kaufman and Broad, claiming the developer was responsible for a series of construction defects on their property.

PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed their properties had a number of construction defects, including defects in the roofs, stucco, siding and wood trim, sliding glass doors, exterior doors, concrete, interior stairs and landings, windows, and plumbing.

The roofs had leaks, improper installation of flashing, improper slope, missing storm collars, and unsecured, loose, cracked, broken, or missing tiles.

Plaintiffs claimed all of the homes contained cracks in the exterior stucco caused from inappropriate mixture, improper installation, or a combination of both, as well as unsealed penetrations in the stucco finish. Many of the sliding glass doors across the properties showed signs of leaking along with bowed doors or they were misaligned with the doorjambs. The exterior doors also leaked and presented inadequate installation of threshold and doorframe attachment. Safety devices built into the automatic garage door openers were also improperly installed.

Damages

Complete inspections of the properties with both plaintiff and defense experts took place in July 2011 and estimated the costs of the defects at $770,076.

Result

All parties settled out of court for a total of $79,523 plus additional credits for repairs to the roofs from the builders.

Other Information

FILING DATE: April 1, 2009.