MURRIETA, CA A construction defect lawsuit has been filed in Orange County Superior Court against homebuilder William Lyon Homes on behalf of 15 homeowners in the City of Murrieta neighborhood of Sedona. The lawsuit was filed by the law firm of Kasdan Simonds Weber & Vaughan LLP.
"The general construction of these homes is woefully inadequate, not in accordance with approved plans and specifications, in violation of the Uniform Building Code, and is below accepted standards for the construction industry, said Ken Kasdan, the firms senior partner. These are relatively new homes and the alleged defects are quite disturbing for these homeowners. Along with the homeowners loss of comfort and enjoyment, these homes appears to be of such poor quality that the homeowners already find it necessary to initiate legal action.
According to the lawsuit, multiple construction defect problems include:
Windows and patio doors, and their respective systems, that allow water to pass beyond, around and through the moisture barriers;
The roof, roofing system, chimney caps and ventilation components that allow water to enter the structure and to pass beyond the designed and/or actual moisture barriers;
The foundation system and slab that allow water and/or vapor to enter into the structure, causing staining and cracking to the flooring and garage slab, and so as to limit the type of flooring materials typically used;
The hardscape, irrigation system, landscaping system and drainage system that are installed so as to cause water and soil erosion, resulting in damage to the residence;
Stucco, brick veneer, exterior walls, including, without limitation, exterior framing, and other exterior finishes and fixtures and the systems of those components and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, that are installed so as to allow water to pass into the structures and through designed and/or actual moisture barriers;
Site walls, and their associated drainage systems that allow water to pass beyond, around and through their designed and/or actual moisture barriers causing damage;
Shower and bath enclosures that leak water into interior of walls, flooring systems or the interior of other components.
Other alleged defects include:
Foundations, load bearing components and slabs that contain significant cracks and/or significant vertical displacement;
Foundations, load bearing components and slabs and underlying soils that are constructed so as to allow chemical deterioration and/or corrosion;
Soils that cause damage to the structure;
Structure that does not materially comply with the design criteria for earthquake and wind load resistance as set forth in the applicable government building codes, regulations and ordinances in effect at the time of original construction;
The structure is not constructed so as to materially comply with the design criteria of the applicable government building codes, regulations, and ordinances for fire protection of the occupants;
The electrical and mechanical systems of the home that are installed and/or constructed so as to cause an unreasonable risk of fire.
Excessive cracking of exterior pathways, driveways, hardscape, sidewalks, side walls, patios, stucco, and exterior wall finishes and fixtures, including but not limited to, pot shelves;
Stucco, brick veneer and other exterior wall finishes and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns contain cracks and separations;
Manufactured products, including, but not limited to, windows, doors, roofs, plumbing products and fixtures, fireplaces, electrical fixtures, HVAC units, countertops, cabinets, paint, and appliances that are installed as to interfere with the products useful life;
Irrigation systems and drainage that do not operate properly causing damage to landscaping and other external improvements;
Untreated wood posts are installed in contact with soil causing decay to wood.
As a direct and proximate result of these Defendants violations of the standards for residential construction, and the defects and deficiencies described, Plaintiffs have been damaged in that they have been and will be required to incur expenses to correct, replace and reconstruct these defective components within the project, as well as to correct, replace and reconstruct the damage to property resulting there from, and they will be required to incur expenses for related costs such as for relocation, loss of use, substitute housing, and other expenses, at a cost which is presently unknown, but believed to be a sum in excess of $5 million, the lawsuit states.
The Kasdan Simonds law firm has offices in Irvine and Walnut Creek, CA and in Phoenix, AZ. The firm represents plaintiffs in major construction defect litigation, toxic mold litigation, medical product liability and commercial disputes. For more detailed information on the firm, visit www.kasdansimonds.com.