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ARTICLE ID 8795

$________ Construction negligence - Breach of Implied Warranty - Plaintiffs contend that homes have window leaks, roof leaks, stucco cracks, drywall cracks, site wall cracks, geotechnical issues, and structural issues.

Maricopa County, Arizona

The plaintiffs are homeowners of Adobe Mountain Homes built by the defendant. The plaintiffs alleged problems with architectural, structural, geotechnical and mechanical issues.

In April ________, homeowners of five Adobe Mountain homes filed a complaint alleging various construction defects. The defendant builder, Beazer responded by denying that "defective" conditions existed and by filing a Third-Party Complaint against all subcontractors whose work was implicated. The matter was certified as a class action with ________ claims. The Plaintiffs’ claims consisted of four disciplines: architectural, structural, geotechnical and mechanical. The architectural issues related to windows, gypsum board, stucco, framing and roofing. The structural issues focused on shear forces, shear transfers, bracing and anchor bolts. The mechanical issues concerned plumbing and HVAC conditions. Lastly, the geotechnical issues were concentrated on the perimeter and patio walls. During the course of discovery, ________ homes were inspected, over ________ photographs were taken, and 55 witnesses were deposed. The plaintiffs contended that the cost of repair was approximately $________.

The defendant Beazer maintained that the homes were built according to code and performing as intended. The defendant builder did file a third party complaint including all subcontractors whose workmanship was at issue in the plaintiff’s complaints. The defendant’s experts estimated that it would cost approximately $________ to perform various work to bring the homes back to peak condition.

By the time this case reached trial, many of the plaintiffs issues had been dismissed. Likewise, many of the subcontractors named in the Third-Party Complaint were also dismissed leaving the following Third-Party Defendants: Sonoran Air (HVAC), Pratte Development (carpenters and truss fabricators), Gilbert Plumbing (plumbing), Royce Wall (block walls), and Diversified Roofing (roofers). By the conclusion of trial, the total number of homes remaining in the case dropped to ________ due to the court’s ruling that homes sold after the class closing date were not a party to this case.

The case was tried as to discipline, not as to party. Following the 22-day trial, the jury deliberated for two full days before returning its verdict. The jury’s verdict in favor of the plaintiff is broken down as follows: In relation to Geotechnical Issue 2.2, Improperly Constructed Property Walls, the jury awarded $________ to the Plaintiffs.

Responsibility was allocated as follows: Beazer 30% and Royce Walls 70%.

In relation to Architectural Issue 1.3, Improperly Installed Sliding Glass Door Flashing, the jury awarded $________ to the Plaintiffs. ________% responsibility was allocated to Beazer.

In relation to Architectural Issue 2.1, Gypsum Board Cracking, the jury awarded $________ to the Plaintiffs. Responsibility was allocated as follows: Beazer 40% and Hubbell Drywall 60%.

In relation to Architectural Issue 2.3, Nail Pops on Drywall Fields, the jury awarded $________ to the Plaintiffs. ________% responsibility was allocated to Hubbell Drywall.

In relation to Architectural Issue 9.5a, Improper Roofing Installation, the jury awarded $________ to the Plaintiffs. ________% responsibility was allocated to Diversified Roofing.

In relation to Architectural Issue 9.5b, Ceiling Stains, the jury awarded $________ to the Plaintiffs. Responsibility was allocated as follows: Diversified Roofing 50% and Sonoran Air 50%.

In relation to Structural Issue C1, Improper Shear Transfer to Shear Walls (Plant Type ________), the jury awarded $________ to Plaintiffs. ________% responsibility was allocated to Pratte Development.

In relation to Structural Issue C2, Improper Shear Transfer to Shear Walls (Plant Type ________), the jury awarded $________ to the Plaintiffs. ________% responsibility was allocated to Pratte Development.

In relation to Structural Issue D, Improperly Designed Lateral Bracing Elements (Height to Width Ratios), the jury awarded $________ the Plaintiffs. ________% responsibility was allocated to Beazer.

In relation to Mechanical/Plumbing Issue 12, Improper Hot Water Shut-off Valves Installed, the jury awarded $________ to the Plaintiffs. ________% responsibility was allocated to Gilbert Plumbing.

The Jury found in favor of Beazer and awarded nothing for the following issues: Architectural 1.1a-Improperly Installed Window Flashing Architectural 1.1c-Window Sill Staining Architectural 3.8-Improperly Installed Attic Vent Flashing Architectural 7.5-Improperly Installed Wood Siding / Building Paper Structural A-Improper Shear Transfer to Roof Elevation Changes Structural B1-Improper Roof Diaphragm Boundary Nailing at Roof Ridges Structural B2- Improper Roof Diaphragm Boundary Nailing at Roof Eaves Structural E-Improper Siding Nailing at Shear Walls Structural G-Improper Web Truss Bracing HVAC 3-Improper Condensate Trap HVAC 6-PVC Deterioration HVAC 7-Improper T-Top Vent Termination Plumbing 13-Improper Water Service Shut-off Valves Plumbing 14-Improper Polybutylene Piping Supports Claims for Relocation The issue of attorney fees is presently before the court.

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