HOBB Community

http://www.islandpacket.com/news/local/story/487223.html (http://www.islandpacket.com/news/local/story/487223.html)

http://www.suncityblufftonhomedefectclaims.com/index.asp (http://www.suncityblufftonhomedefectclaims.com/index.asp)

http://peretired.blogspot.com/ (http://peretired.blogspot.com/)

The following is from “Homeowner Stucco Defects Power Point Presentation”, which can be found in the “Important Documents” folder at http://www.suncityblufftonhomedefectclaims.com/index.asp (http://www.suncityblufftonhomedefectclaims.com/index.asp)


QUOTE

Plaintiff’s Attorney
Q. …pursuant to South Carolina law, how long is the case going to be stayed?

Attorney for Pulte
A. Most likely indefinitely. These are all homeowners that have to be over 55 to live there. By the time all 4,000 comply, which they probably never will, half of them will already be dead.


Pulte has acknowledged, in sworn testimony, that:
• It did not employ the services of a design professional for the design of the stucco systems at issue.
• It has no knowledge of how to install a proper stucco control joint.
• There was no supervision of the stucco subcontractor with regard to proper stucco application.
• Following this lawsuit, Pulte began in July 2007 utilizing stucco control joints at the corners of windows and doors in its new construction across U.S. Hwy 278.


Sisnroy Engineering Report
Cracking in Stucco
“Eventually 100% of the homes will exhibit cracking due to excessive stress from improper stucco installation.”

On September 3, 2008, Pulte, Del Webb Communities, and South Carolina State Plastering, LLC, were named in 87 separate law suits filed in Beaufort County, SC by attorneys representing homeowners in Sun City Hilton Head. This is the first round of individual law suits brought against the developer and builder of Sun City Hilton Head after the Court ruled that the stucco case against the Developer cannot be handled as a class action lawsuit. It is expected that more individual lawsuits will be filed.

Estimates for removing and reapplying the stucco average $40,000 per house. For more information see http://www.suncityblufftonhomedefectclaims.com/index.asp

http://www.islandpacket.com/news/local/story/676781.html (http://www.islandpacket.com/news/local/story/676781.html)

Sun City couple awarded $66,000 in faulty stucco case
By MICHAEL WELLES SHAPIRO
mshapiro@islandpacket.com
843-706-8142
Published Saturday, November 22, 2008

A court-appointed arbitrator awarded a Sun City Hilton Head couple $66,000 earlier this month from the community's developer, Del Webb, due to improperly installed stucco on the couple's home. Del Webb is a subsidiary of Pulte Homes.

The judgment, issued Nov. 12, also states that legal costs incurred by the couple, Mary and Joe Oros, must be paid by the developer.

"This represents a total victory for the homeowners," said their attorney, Charleston-based John Chakeris, who has filed about 100 more lawsuits related to Sun City stucco issues.

However, Pulte spokesman Jon Cherry called stucco defects on the Oros home an isolated instance. He pointed out that a judge declined in April to hear Sun City stucco cases collectively as a class action suit.

In a letter to residents after the arbitrator's judgment, Cherry wrote that Pulte surveyed more than 2,500 homes to see if there was a pattern of cracked stucco.

"The survey determined that there are no widespread deficiencies in the stucco applications," he wrote.

But Chakeris told Sun City residents in another letter that homeowners with stucco problems who don't take legal action within three years of finding out about them could lose their right to collect damages.

Cherry responded, warning Sun City homeowners of "attorneys and their tactics as they try to create an atmosphere that encourages lawsuits ... with stories of their many and substantial victories."

Cherry also warned that a plethora of stucco suits could have the effect of negatively "impacting resale property values in Sun City Hilton Head."

He also stressed Pulte's reputation as a reputable builder.

"Pulte Homes/Del Webb takes pride in our reputation in the building industry and our track record of building high quality homes," Cherry stated.

Chakeris, however, still was celebrating what he said would be the first of many legal victories. "I'm sure the Pulte people aren't very happy, but they made their bed and now they have to sleep in it."

A victory for the homeowners. Hopefully they will collect and move on with their lives.
Once again the builder is  in selective denial. How many times has a builder taken responsibility for the defects their workforce inflicts on homeowners? They never seem to admit fault or find the problem.

Attorney for Pulte
A. Most likely indefinitely. These are all homeowners that have to be over 55 to live there. By the time all 4,000 comply, which they probably never will, half of them will already be dead.
 
This statement is dispicable.
I am at a loss for words reading it  and hope all these  victims receive their just due.

http://npaper-wehaa.com/bluffton-today;see-aVzmolHVgWCPWa1l#vw-2;page-17;c-107522 (http://npaper-wehaa.com/bluffton-today;see-aVzmolHVgWCPWa1l#vw-2;page-17;c-107522)

Thankful for some things, not for others

Bluffton Today
November 27, 2008
By Carl Lehmann

Happy Thanksgiving to all my readers. I hope you find many things, events and occasions for which you can say thanks.

As for me, first I say thanks for having survived another year of being cancer-free. My stage 4 colon cancer forced me into retirement in 2002, and thanks to some fabulous surgeons, five surgeries, radiation treatment and fantastic drugs, I survived against all odds. I also say thanks to my family who supported me throughout the ordeal of the first two years of treatment. Of course, they still stand by me, but treatment now is routine, just a checkup every six months.

I am not sure that we should say “thanks” to the letter from Pulte concerning stucco sent to all of us via our neighborhood representatives. I read it very carefully, because I thought that it might lay our concerns to rest. Unfortunately, the letter contains so many inaccuracies that it requires an answer that every resident in Sun City can read. First, a bit of background.

Some years ago Pulte/ Del Webb switched from siding on houses to stucco. Some homeowners noted cracks and other faults.

A law firm from Charleston got involved, hired engineers to inspect homes at no cost to the owners and when problems were found asked them to join a lawsuit.

The lawyers tried to get it certified as a class action lawsuit. The court denied that motion. In its order, the court stated that a class action lawsuit involving a few hundred owners is inappropriate because it might prevent other owners from suing Pulte for defects in trusses or structural components.

Pulte trumpeted that as a great victory. Of course, now they are faced with more than 500 separate legal actions. The first case went to arbitration as required by South Carolina law. The arbitrator recently settled that case by finding that the stucco was defective and ordered Pulte/ Del Webb to pay over $66,000 for the complete removal and reapplication of the stucco.

Hence the letter written by Jon Cherry, Pulte’s vice president in our area who, together with another three Pulte employees, makes up a majority on our board of directors.

Here are just some of the inaccurate and self-serving statements made by Mr. Cherry in his letter.

Cherry: The company has been diligently making any repairs necessary on homes throughout the community.

Fact: One of my neighbors purchased his home in 2003 and notified Pulte almost immediately of stucco problems. It is now 2008 and nothing has been done.

Cherry: We attempted to repair the stucco on the plaintiff/homeowner’s home more than a year ago. The plaintiff/ homeowner refused our offer.

Fact: That was two years after the owner contacted Pulte about the problem.

Cherry: Any monetary award is first applied to lawyers’ fees and their “expert” service fees.

Fact: The award order clearly states that Pulte must pay all legal fees in addition to the award to the homeowner.

Cherry: Plaintiff attorneys block any communications between Pulte/Del Webb and homeowners; essentially not allowing us to perform any routine warranty.

Fact: The only blocked communication pertains to the lawsuit. Routine warranty can continue.

The biggest insult to all the residents is the allegation by Cherry that “justice seems seldom the goal, greed too often the motive …” If Pulte/Del Webb would handle complaints in a responsible manner, no lawsuits would be necessary.

Carl Lehmann is a Sun City resident. You can reach him at Carfle@sc.rr.com