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K. Hovnanian Sued
Wednesday, 14 June 2006

Monroe couple sues builder over construction problems
A couple from the Chestnut Green development has filed a class-action suit against developer K. Hovnanian Southern NJ LLC, alleging faulty construction of their heating ventilation/air conditioning systems.

Monroe couple sues builder over construction problems

Tuesday, June 13, 2006
By ANNA NGUYEN
Courier-Post Staff
MONROE

A couple from the Chestnut Green development has filed a class-action suit against developer K. Hovnanian Southern NJ LLC, alleging faulty construction of their heating ventilation/air conditioning systems.

The suit, filed last month in Superior Court in Gloucester County by residents Mike and Tracy D'Andrea, claims the company knowingly installed HVAC systems that violated construction code and were "substandard, inefficient and require repair," according to the lawsuit.

They seek more than $50,000 in damages.

"We've always stood behind our homes," said Doug Fenichel, a K. Hovnanian spokesman. "We have tried really hard to respond to our homeowners. The people who have worked with us (for repairs) . . . have told us they've been satisfied."

They also assigned additional crews to address concerns in Chestnut Green once they realized the delay in response time, Fenichel said.

The company is part of a national firm that does business along the East Coast and in California and Arizona.

However, some residents of Chestnut Green, a community of about 70 single-family homes built about two years ago, say they still face long delays after complaining about about their HVAC systems, constantly soggy backyards, buckling hardwood floors, cracked concrete driveways and numerous other problems, said John Trimble, a Washington Township attorney representing the D'Andreas.

Trimble, who has about 40 cases against K. Hovnanian, say the problem extends to other new developments by the builder.

"Every one of the (developments) has had complaints by the homeowners," Trimble said.

If the D'Andreas prevail, the suit would cover thousands of K. Hovnanian homes purchased from 2000 to the present where the "HVAC system constructed and installed such that one or more stud wall cavity convey air from more than one floor level," according to court documents. Tracy D'Andreas declined additional comment due to the pending litigation.

Other Chestnut Green residents say they will continue to try to work with the developer.

Bill McGrath said he needs to move out June 23 for a minimum of three weeks because of a mold problem.

McGrath said he told the developer about cracks in the home's front facade last year, but the delay in fixing it caused moisture to enter the home's frame. His home is on its fourth driveway due to cracks each time.

"I understand mishaps, but when you do half-a--ed corrections, that's when people get angry," McGrath said. "It's one thing or another. It's a shame. You don't know what to do."

Reach Anna Nguyen at (856) 251-3345 This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

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http://www.courierpostonline.com/apps/pbcs.dll/article?AID=2006606130360

 
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