Posted by Cutrera Law & filed under Litigation, News.

Cutrera Law has obtained a confidential builder settlement in a lawsuit on behalf of its homeowner clients against their homebuilder in a “bad house” case.  Their clients, the plaintiffs, entered into a Residential New Construction Sale Contract with the defendant for the construction of their new home.  The contract price for the home was $594,555, but after “add-ons” and “upgrades” during the construction process, the home’s final price was closer to $700,000.

Three years after moving in, the plaintiffs’ home suffered the first of many severe water infiltrations around its windows during a rainstorm. They made a damage claim to their insurance company and also called their home builder, the defendant, regarding the issue.  Since the interior of the home could not be repaired until the cause of the water infiltration was identified and fixed, the drywall in the lower level was removed during the investigation period and the drywall cavity was exposed throughout.

Over the next several months, the defendant and his foreman came to the plaintiffs’ home on several occasions in an attempt to diagnose the source of the water infiltration.  The plaintiffs finally had their home repaired after the defendant stated that he had fixed the problem.  Nine months later, the severe water infiltrations into the home resumed.  After filing suit on behalf the homeowners, experts retained by Cutrera Law determined that the water intrusions and resulting damages were caused by the following:

  1.  The stucco had been abutted tightly to all windows. There was no backer rod and caulk used when installing the windows.
  2. Two windows were installed upside down.
  3. Deck flashing appeared to be installed, however it did not extend behind both double deck plates.
  4. Expansion joints were installed improperly.

The damages to the home included significant water and mold damage in the home’s drywall cavities.

The litigation filed against the home builder by Cutrera Law on behalf of the plaintiffs made the following claims against defendant:  Breach of Implied Warranty of Quality and Fitness; Breach of Contract; Negligence; and Violation of the Merchandising Practices Act of Missouri.

The identity of the parties and the terms of the settlement are confidential per the settlement agreement.