Question/Opinion – Builder “Class Actions”

[Coronita]

In my community, there was a law firm that went around trying to turn issues with a couple of homes in a general class action lawsuit against the builder. The builder responded by saying if you have issues with the home (even after warranty), let us know and we'll take a look.

In all, I had some minor grievances with minor things (like a seal leaks in a double pane windows), some minor cracks in some of the exterior stucco walls,etc. In all, the builder took care of things, even though I was the second owner and approximately 8 years out of warranty.

I didn't join a class lawsuit, namely because my problems were minor, it would have taken too long to get a resolution, the lawyers would have eaten all the money, and I would have otherwise thwarted efforts by the builder to actively address the minor issues i had, not to mention that you're home would now be in public records as being one that was involved in a class action for "construction defects", whatever future buyers,appraisers,lenders interpret from that. Probably not that big of a deal, but why make something appear so serious when it's not and the builder's willing to take care of it??

 

 

[img_assist|nid=5962|title=selfportrait|desc=|link=node|align=left|width=100|height=80]

—– Sour grapes for everyone!

[Anonymous]

CD plaintiff’s lawyers are notorious for trying to round up more homeowners than reasonable and about half of them drop out after they are told they have to open their homes to inspections and possibly destructive testing.

It’s just easier to let the builder take care of it in most cases, unless you have major issues. Even then they may fix it. Never hurts to ask!

[Anonymous]

CD plaintiff’s lawyers are notorious for trying to round up more homeowners than reasonable and about half of them drop out after they are told they have to open their homes to inspections and possibly destructive testing.

It’s just easier to let the builder take care of it in most cases, unless you have major issues. Even then they may fix it. Never hurts to ask!

[Anonymous]

CD plaintiff’s lawyers are notorious for trying to round up more homeowners than reasonable and about half of them drop out after they are told they have to open their homes to inspections and possibly destructive testing.

It’s just easier to let the builder take care of it in most cases, unless you have major issues. Even then they may fix it. Never hurts to ask!

[Anonymous]

CD plaintiff’s lawyers are notorious for trying to round up more homeowners than reasonable and about half of them drop out after they are told they have to open their homes to inspections and possibly destructive testing.

It’s just easier to let the builder take care of it in most cases, unless you have major issues. Even then they may fix it. Never hurts to ask!

[Anonymous]

CD plaintiff’s lawyers are notorious for trying to round up more homeowners than reasonable and about half of them drop out after they are told they have to open their homes to inspections and possibly destructive testing.

It’s just easier to let the builder take care of it in most cases, unless you have major issues. Even then they may fix it. Never hurts to ask!

[heavyd]

Not sure how it works in California, but here in New York we joined with other owners in our newly renovated building 4-5 years ago, hired an attorney (paid by the hour, NOT on contingency basis), and brought in the state attorney general’s office (guy by the name of Spitzer, you might have heard of him…) when the developer failed to deliver what was promised in the prospectus.

It took almost 3 years, but the developer finally agreed to build / repair certain key items and pay a cash settlement in 2 installments once the AG’s office threatened to sue (the AG, bless his whoremongering soul, has a pretty good record in the courts here). I am not sure whether this approach would work with a home not sold via prospectus.

Over the course of those 3 years, while we were battling a very unresponsive developer, the Board at our building spent I believe $75-90K in legal and engineering fees…most of which were effectively paid by the developer in the end.

It was an unpleasant and lengthy battle, but in the end it worked out quite well.

D

[heavyd]

Not sure how it works in California, but here in New York we joined with other owners in our newly renovated building 4-5 years ago, hired an attorney (paid by the hour, NOT on contingency basis), and brought in the state attorney general’s office (guy by the name of Spitzer, you might have heard of him…) when the developer failed to deliver what was promised in the prospectus.

It took almost 3 years, but the developer finally agreed to build / repair certain key items and pay a cash settlement in 2 installments once the AG’s office threatened to sue (the AG, bless his whoremongering soul, has a pretty good record in the courts here). I am not sure whether this approach would work with a home not sold via prospectus.

Over the course of those 3 years, while we were battling a very unresponsive developer, the Board at our building spent I believe $75-90K in legal and engineering fees…most of which were effectively paid by the developer in the end.

It was an unpleasant and lengthy battle, but in the end it worked out quite well.

D

[heavyd]

Not sure how it works in California, but here in New York we joined with other owners in our newly renovated building 4-5 years ago, hired an attorney (paid by the hour, NOT on contingency basis), and brought in the state attorney general’s office (guy by the name of Spitzer, you might have heard of him…) when the developer failed to deliver what was promised in the prospectus.

It took almost 3 years, but the developer finally agreed to build / repair certain key items and pay a cash settlement in 2 installments once the AG’s office threatened to sue (the AG, bless his whoremongering soul, has a pretty good record in the courts here). I am not sure whether this approach would work with a home not sold via prospectus.

Over the course of those 3 years, while we were battling a very unresponsive developer, the Board at our building spent I believe $75-90K in legal and engineering fees…most of which were effectively paid by the developer in the end.

It was an unpleasant and lengthy battle, but in the end it worked out quite well.

D

[heavyd]

Not sure how it works in California, but here in New York we joined with other owners in our newly renovated building 4-5 years ago, hired an attorney (paid by the hour, NOT on contingency basis), and brought in the state attorney general’s office (guy by the name of Spitzer, you might have heard of him…) when the developer failed to deliver what was promised in the prospectus.

It took almost 3 years, but the developer finally agreed to build / repair certain key items and pay a cash settlement in 2 installments once the AG’s office threatened to sue (the AG, bless his whoremongering soul, has a pretty good record in the courts here). I am not sure whether this approach would work with a home not sold via prospectus.

Over the course of those 3 years, while we were battling a very unresponsive developer, the Board at our building spent I believe $75-90K in legal and engineering fees…most of which were effectively paid by the developer in the end.

It was an unpleasant and lengthy battle, but in the end it worked out quite well.

D

[heavyd]

Not sure how it works in California, but here in New York we joined with other owners in our newly renovated building 4-5 years ago, hired an attorney (paid by the hour, NOT on contingency basis), and brought in the state attorney general’s office (guy by the name of Spitzer, you might have heard of him…) when the developer failed to deliver what was promised in the prospectus.

It took almost 3 years, but the developer finally agreed to build / repair certain key items and pay a cash settlement in 2 installments once the AG’s office threatened to sue (the AG, bless his whoremongering soul, has a pretty good record in the courts here). I am not sure whether this approach would work with a home not sold via prospectus.

Over the course of those 3 years, while we were battling a very unresponsive developer, the Board at our building spent I believe $75-90K in legal and engineering fees…most of which were effectively paid by the developer in the end.

It was an unpleasant and lengthy battle, but in the end it worked out quite well.

D

[Aecetia]

Here’s some more information on construction defect litigation and third parties. Our HOA sued for problems with windows and roofs and we all received about $6,000.00. after several years of litigation. The attorneys made more, but it was worth it for the satisfaction and we were outside of warranties. The interesting situation with our site was that these homes were originally built by one company and then taken over twice by other companies, so there were lots of litigants involved. This was in the 90’s.

http://www.burnhambrown.com/index.cfm?fuseaction=content.contentDetail&id=8756

[Aecetia]

Here’s some more information on construction defect litigation and third parties. Our HOA sued for problems with windows and roofs and we all received about $6,000.00. after several years of litigation. The attorneys made more, but it was worth it for the satisfaction and we were outside of warranties. The interesting situation with our site was that these homes were originally built by one company and then taken over twice by other companies, so there were lots of litigants involved. This was in the 90’s.

http://www.burnhambrown.com/index.cfm?fuseaction=content.contentDetail&id=8756

[Aecetia]

Here’s some more information on construction defect litigation and third parties. Our HOA sued for problems with windows and roofs and we all received about $6,000.00. after several years of litigation. The attorneys made more, but it was worth it for the satisfaction and we were outside of warranties. The interesting situation with our site was that these homes were originally built by one company and then taken over twice by other companies, so there were lots of litigants involved. This was in the 90’s.

http://www.burnhambrown.com/index.cfm?fuseaction=content.contentDetail&id=8756

[Aecetia]

Here’s some more information on construction defect litigation and third parties. Our HOA sued for problems with windows and roofs and we all received about $6,000.00. after several years of litigation. The attorneys made more, but it was worth it for the satisfaction and we were outside of warranties. The interesting situation with our site was that these homes were originally built by one company and then taken over twice by other companies, so there were lots of litigants involved. This was in the 90’s.

http://www.burnhambrown.com/index.cfm?fuseaction=content.contentDetail&id=8756

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