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ABC Special Report
Investigation: New Home Heartbreak
Trump - NAHB Homebuilders Shoddy Construction and Forced Arbitration
Bad Concrete
Tuesday, 21 November 2006

Homeowners sue builder, contractor for bad concrete
Upset with deteriorating concrete throughout the development, the Linfield Woods Homeowners Association has filed a lawsuit against the builder and a contractor. Linfield Woods Homeowners Association represents the 75 homeowners of Linfield Knoll, a development off Linfield-Trappe Road. Named as defendants in the lawsuit are the developer, Berks Homes of Mohnton, Berks County, and the contractor, VJ Concrete of Morgantown.

Homeowners sue builder, contractor for bad concrete
LIMERICK -- Upset with deteriorating concrete throughout the development, the Linfield Woods Homeowners Association has filed a lawsuit against the builder and a contractor.

Linfield Woods Homeowners Association represents the 75 homeowners of Linfield Knoll, a development off Linfield-Trappe Road. Named as defendants in the lawsuit are the developer, Berks Homes of Mohnton, Berks County, and the contractor, VJ Concrete of Morgantown.

Homeowners say their concrete walkways, porches and curbs are crumbling, and the concrete was "clearly defective from the day it was installed," according to Bill Zillweger, president of the Linfield Woods Homeowners Association. The development was completed in 2001, and shortly after completion, homeowners say they noticed the scaling concrete.

The homeowners want a judge to order the developer or contractor to make the necessary repairs or pay the association "in excess of $50,000" to allow the homeowners to find another contractor to repair the concrete, according to Bill Buelow, the lawyer representing the association.

A phone message left Monday with Berks Homes seeking comment was not immediately returned. No phone listing could be found for VJ Concrete.

Two engineering firms hired by the homeowners evaluated the concrete. Both firms, Pennoni Associates of King of Prussia, and Valley Forge Laboratories of Devon, found the concrete to be defective, Buelow said.

The report from Pennoni Associates said the condition of the concrete in Linfield Knoll is typical of weathered "inferior, inadequate concrete surfaces," and that concrete pavement adequately installed is designed to withstand weathering.

The report by Valley Forge Laboratories concluded that both the workmanship and materials used to finish the concrete are suspected "as competing causes for the deterioration observed." It was also noted that approximately 60 to 70 percent of the concrete in the community is defective.

Kristin Briney, secretary and treasurer for the homeowners association, said it has already cost $25,000 to fix the most hazardous concrete problems, and she anticipates an additional $43,000 in expenses within the next year.

"It’s not hard to imagine that this concrete problem is going to cost our homeowners more than $100,000 in the long run," she said.

While the aesthetics of the community and their influence on resale value are a concern, the main concern with the deteriorating concrete is the hazards it creates, according to Buelow.

"Some of the porches, literally the edges of the porches, were crumbling off," Buelow said. He added that the concrete will continue to deteriorate and "perhaps it could crumble while you are walking on it."

Buelow likened walking on the deteriorating concrete to walking on stones, not smooth concrete.

Briney said that while she has no actual instances in mind, she would not be surprised if people looking to buy a home were turned off from Linfield Woods because of the state of the concrete, and that she herself would buy elsewhere if she was looking to buy a home and had other options.

"The aesthetics of the community are definitely a concern," she said. "As an association, as a board member, we’re always trying to find ways to make the community look good."

While it was Berks Homes who sold the homes to the current homeowners, VJ Concrete is the subcontractor that was hired by Berks Homes to put the concrete walkways and porches.

Buelow said that both parties are responsible for the deteriorating concrete.

"Though the subcontractor may maintain some legal liability for the deficiencies in materials and workmanship, that potential liability in no way obviates Berks or its representatives from responsibility," Buelow said. "The residents of Linfield Knoll purchased their homes from Berks, not VJ Concrete. Their business relationship was with Berks, not VJ Concrete. Accordingly, the right thing for Berks Homes to do is to stand by their product and take care of this situation."

Linfield Woods Homeowners Association has set up a Web site to inform the public about its experience with Berks Homes, www.buyerbewareofberkshomes.com.

In addition to their Web site, association members are also hitting the pavement in other communities, trying to inform people about their experience with Berks Homes.

Briney said the problems with Berks Homes and shoddy concrete are not isolated to Linfield Woods. "It’s a prevalent problem," Briney said.

"The more we progress with our campaign ..the more we’re finding out that others are having problems as well," Buelow said.

Buelow, who has been in correspondence with Berks Homes for more than a year, said Berks Homes maintains that they are not responsible, VJ concrete is.

"We don’t budget for concrete repairs ..the fact that they think it’s not their responsibility is ridiculous," Briney said.


 
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