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Las Vegas homeowners expand building defect suit
against Del Webb
May 11, 2005
This article was taken and copied from the Las Vegas Sun web site. (www.lasveagassun.com)
ASSOCIATED PRESS

LAS VEGAS (AP) - More than 1,500 homes have been added to a lawsuit against the builder of one of southern Nevada's largest master-planned communities, making the case Nevada's largest-ever construction defect case.

Sun City Summerlin homeowners and nine homeowners associations claim in the amended complaint filed April 27 in Clark County District Court that Del Webb Communities failed to install metal strips to protect homes against water damage.

Pulte Homes Inc., now the parent company of Del Webb in Las Vegas, issued a statement Wednesday saying the company stands behind its homes and works with homeowners to resolve construction issues.

Lawyer Barry Mitidiere said Wednesday he was seeking class action certification to apply the case to up to 7,800 homes in the 35-square-mile Sun City Summerlin development in northwest Las Vegas.

Mitidiere, who said he represents owners of 670 homes and nine associations handling 850 houses, said no homes in the suit were structurally uninhabitable. But he said several residents moved out because of concern about toxic mold damage.

The lawsuit alleges the builder failed to install weep screeds, or galvanized metal strips designed to prevent water from damaging the base of a stucco wall.

Mitidiere said retrofitting the strips, removing mold and replacing damaged stucco could cost $50,000 for each home - or a total of more than $76 million.

The case was first filed in July 2003 by nine homeowners. The date is important, because a state "right to repair" law went into effect the following month requiring homeowners to let a builder remedy a defect before filing a lawsuit.

Adding 1,520 plaintiffs makes the Del Webb case by far the largest building defect lawsuit in Nevada.

The state Supreme Court is considering Beazer Homes' appeal of a $7.8 million jury award in the previous largest defect lawsuit - a class action involving about 200 homes at Beazer's Craig Ranch Village in North Las Vegas. That case was decided in February 2003 after a three-month trial.





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