Mold & Moisture Management Magazine
D.R. Horton, a Fort Worth, Texas-based residential construction company, has paid a $39.5 million settlement to resolve a defective construction lawsuit brought by condo owners in a Superior, Colo., subdivision. According to an article in the Rocky Mountain News, the payout is the largest-ever residential defective-construction settlement reached in Colorado.
Mold & Moisture Management Magazine
COLORADO:
State Sees Largest Residential Defective Construction Settlement
D.R. Horton, a Fort Worth, Texas-based residential construction company, has paid a $39.5 million settlement to resolve a defective construction lawsuit brought by condo owners in a Superior, Colo., subdivision. According to an article in the Rocky Mountain News, the payout is the largest-ever residential defective-construction settlement reached in Colorado.
The suit was filed in 2003 by the subdivision’s homeowners association. The suit alleged that cracked foundations and roof problems led to water damage and mold growth. The homeowners’ complaint stated that the foundation defects were a result of constructing the homes on bentonite, a soil that expands and leads to cracked foundations. Drainage problems that in some cases rotted floor joists were also alleged.
Lawsuits still remain between Horton and its contractors.
ILLINOIS:
University of Illinois Sues for Cost of Mold Remediation
The board of trustees of the University of Illinois has filed a lawsuit to recover the cost of remediating mold growth and making repairs in a student residence hall on its campus. The case, The Board of Trustees of the University of Illinois v. Walsh Construction Company of Illinois, et al., was filed in April against Walsh Construction Co. of Illinois, the general contractor on the project; Travelers Casualty and Surety Co. of America, Walsh’s insurer; Solomon Cordwell Buenz & Associates Inc. (SCB), the building’s architect; Primera Engineers Ltd., the HVAC designers; Thermolock Mfg. LLC, the window manufacturer; and Seigle’s Inc., the distributor of the windows.
According to documents from the Cook County District Court, the suit alleges breach of contract, breach of warranty, breach of guarantee, products liability and negligence relating to defective construction, services and products used in the construction of Marie Robinson Hall.
The documents state that that the hall was opened in August 2001 as housing for 350 students. Beginning in the summer of 2003, the board of trustees became aware of water infiltration, moisture accumulation and resulting mold growth in some parts of the building. By June 2004, the plaintiff was aware of systemic problems with the building, including water infiltration, moisture accumulation, degradation and loss of efficiency of building materials and resulting mold growth.
As a result of the dormitory’s condition, the school closed the hall beginning with the fall 2004 semester. Students were relocated to other private housing.
The board of trustees has requested an amount, to be determined at trial, in excess of $30,000 to cover the costs of remediating the building, repairing or replacing the faulty equipment and relocating the students.
Mold & Moisture Management
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http://www.usglassmag.com/Mold/Back%20Issues/2005/Oct-Dec/CourtShip.html
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