RICHMOND, CA Seventy three homeowners in the City of Richmond neighborhood of Doral have instituted legal action against SCS Development Company and Citation Homes for construction defect problems in their homes.
Twenty nine of the homeowners are plaintiffs in a construction defect lawsuit filed in Contra Costa County Superior Court against SCS Development Company and Citation Homes by the Walnut Creek law firm of Kasdan Simonds Weber & Vaughan LLP. The law firm is also pursuing what is called SB-800 notification against the two real estate companies on behalf of the other 44 homeowners. Among other provisions, SB-800 provides for a builder's right to repair a construction defect before a homeowner can bring legal action for the defects.
A Kasdan Simonds partner of its Walnut Creek office said the main defect affecting the plaintiffs homes is excessive cracking of the foundations caused by differential movement and/or inadequately designed and constructed foundations. These homes were not built in accordance with approved plans/specification, and are in violation of applicable building codes, the Walnut Creek partner said. Along with the homeowners loss of comfort and enjoyment, these homes appear to be of such poor quality that the homeowners find it necessary to initiate legal action.
According to the lawsuit, construction defect problems include:
Inadequately and defectively designed and constructed foundation systems;
Excessive movement of concrete foundations;
Defective windows and door installation resulting in water intrusion, rotting of drywall and damage to walls, wall coverings, carpeting, flooring and mold inside homes;
Inadequately and defectively designed and constructed and installed gypsum board and drywall assemblies;
Inadequately and defectively designed and constructed shear transfer connections;
Inadequate and defective framing;
Inadequately and defectively designed and constructed roofs, sheet metal and chimney assemblies, resulting in, among other things, water intrusion, damage to interiors and mold growth;
Inadequately and defectively designed and installed plumbing, electrical and mechanical systems;
Failure to provide durable concrete in light of environmental conditions;
Inadequately and defectively designed and constructed drainage systems;
Inadequately and defectively constructed appurtenant structures, including but not limited to masonry;
Inadequately and defectively designed and constructed wood components, including but not limited to trim, pot shelves and fences;
Inadequately and defectively designed and constructed interior finishes, ceramic tile work, cabinets, and fireplaces;
Inadequate and defective soils analysis, geotechnical planning and preparation, rough and precise grading;
The lawsuit claims the cost to correct, replace and reconstruct the defects affecting the homes and property is believed to be approximately $14.6 million.
The Kasdan Simonds law firm has offices in Walnut Creek and Irvine, 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.