1,000 homeowners taking legal action
Owners of about 1,000 homes in Sun City Grand, one of Surprise's most affluent retirement communities, are seeking legal action against developer Pulte Homes to correct alleged construction defects. The sheer number of participants puts this among the largest such complaints in Arizona history, building experts say. "The homeowners relied on Del Webb and the promises they would use quality-control measures in connection with the construction, and they're terribly disappointed," said attorney Ken Kasdan."What they see is Del Webb walking away from responsibility in the community."

1,000 homeowners taking legal action
Tony Lombardo

The Arizona Republic
Apr. 15, 2008

Owners of about 1,000 homes in Sun City Grand, one of Surprise's most affluent retirement communities, are seeking legal action against developer Pulte Homes to correct alleged construction defects. 
         
Linda West of Sun City Grand sits next to the crack in the
concrete floor in her bedroom. She is one of 1,000 in the
Sun City Grand retirement community seeking legal action
to repair alleged construction defects.

The sheer number of participants puts this among the largest such complaints in Arizona history, building experts say.

With about 9,600 homes in Sun City Grand, more than 10 percent are part of the legal action.

The law firm representing the residents argues that abnormal cracking in walls, floors and ceilings demonstrates a clear pattern of defective construction. It says the repairs could amount to $50,000 to $100,000 per home.

In the Valley, there are many areas where the soil can expand and cause cracking without proper precautions.

But Pulte Homes, while not yet served with the lawsuit, stated Tuesday, "Since receiving notice of the initial claim, more than 100 homes have been inspected, and we have found few, if any, issues related to the foundations and slabs."

Other complaints by residents include:


• Stucco: About half the homes do not have "weep screeds." A weep screed is part of stucco wall construction that allows rainwater to drain out of the walls and prevents mold growth.


• Acoustics: Noise levels are too high inside some Sun City Grand households, which fall within the noise-impact zone of Luke Air Force Base.


• Concrete: Foundations are deteriorating because of corrosive salts and desert weathering.

Pulte Homes, under the Del Webb brand, bills itself as "the nation's largest builder of active adult communities for people age 55 and better."

Pulte merged with Del Webb Corp., famous for its Sun City brand developments, in 2001.

"The homeowners relied on Del Webb and the promises they would use quality-control measures in connection with the construction, and they're terribly disappointed," said attorney Ken Kasdan."What they see is Del Webb walking away from responsibility in the community."

Kasdan is a senior partner of Kasdan, Simonds, Riley & Vaughan LLP, a law firm that specializes in construction-defect cases with offices in Arizona and California.

Kasdan's Sun City Grand clients live in homes built between 2000 and 2006. Their purchase prices ranged from $104,000 to $338,000.

Bob Leslie moved to Sun City Grand with his wife, Barb, seven years ago and settled down for a nice retirement. Then, he said, his house began to crack - on the ceiling, on the floor and out to his patio.

Leslie is among more than 500 homeowners participating in the lawsuit filed in Maricopa County Superior Court this week. The remaining homeowners are seeking arbitration as required in their purchase contracts.

Leslie said he received no help from the developer and considered suing only as a last resort.

"The thing is, I want my home fixed, because I came here for retirement and I plan to die here," he said.

Sun City Grand resident Pete Powell received word about the lawsuit in a letter sent to his home.

A resident since 2004, Powell said his house has interior and exterior wall cracks, the baseboard is separating from the foundation and window sealing is deteriorating. He purchased his house for about $195,000 and said it is among the community's smallest models.

"Many of these structural problems need to be addressed," he said. "I'm just glad somebody got this started."

In the past seven years, a "cottage industry" composed of construction-defect law firms has moved into the Valley, said Spencer Kamps, vice president of legislative affairs for the Home Builders Association of Central Arizona.

"Those individuals are looking for clients in an effort to sue," Kamps said.

And while about 1,000 Sun City Grand homes are part of the legal action, Pulte Homes contended in an e-mailed statement, "We understand that the law firm solicited residents from more than 7,000 homes."

Kasdan's law firm was founded in California and opened an office in Phoenix five years ago. But Kasdan said it was faulty construction methods that brought his firm to the Valley.

"Lawyers don't build the defects," Kasdan said. "The builders are building the defects, and the lawyers are catching them at it and holding them accountable."

David Jones, president and CEO of the Arizona Contractors Association, said it is incumbent on residential developers to study their land investments above and below ground to avoid problems.
http://www.azcentral.com/arizonarepublic/local/articles/0414gl-nwvlawsuit0416cover-ON.html