ND Successfully Defended Residential Homebuilder in Construction Defect Claim Resulting in Savings of Over $2.7M


In 2018, ND defended a top five national residential homebuilder in a Construction Defect litigation claim. The bench trial involved 19 homes in Southern California where homeowners asserted that their homes were defective from the dirt to the roofs and started trial with a cost of repair estimate of almost $2.7 million. To add to the complexity, the homes were mixed between being covered by the Right to Repair Act and pre-dating the Act. The biggest claims involved soils, windows, and roofs. Plaintiffs’ experts asserted that ten of the homes needed cut-off walls installed around the perimeters of the footings and removal and replacement of all landscaping improvements due to expansive soil and lateral fill extension. They also asserted that all 700+ windows were defective and re-roofing was needed due to numerous defects.

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