BWR attorneys Matthew L. Wilson and Joshua M. Zudar recently successfully prosecuted a difficult stucco case on behalf of two homeowners. Time after time, the homeowners called Taylor Morrison and time after time Taylor Morrison either ignored them or told them that the issue was one of simple maintenance. Taylor Morrison, the builder, vigorously defended the case and put on experts to testify that the damages alleged by the homeowner’s experts were unreasonable. Taylor Morrison not only disputed the amount of the damages, but argued that one side of the home did not need to be repaired at all because there was little visible damage to that side of the home. After a full arbitration hearing, the arbitrator rejected Taylor Morrison’s expert’s opinions on damages and agreed that the amount proposed by the homeowner’s expert was an appropriate figure and that all sides of the home containing stucco should be torn off and replaced.
This marks the second time within the last few months that builders have been forced to pay for an all-sides repair. An arbitration award in August 2016 against a different builder resulted in an arbitration award that contemplated a replacement of stucco to all four sides of that home. Mr. Wilson commented, “It simply doesn’t make economic sense most of the time for builders to contest these stucco cases in a full-blown arbitration hearing. Most of the time, the homeowners are incredibly reasonable and simply want to resolve their cases, often at a slight discount from the full asking price, just so that they can get finality and repair their homes. For builders to spend tens of thousands of dollars on attorneys and experts just doesn’t make any sense. The case can be settled oftentimes for less than the amount that is spent defending the case. But, if the builders insist on going all the way, we’ll be more than happy to oblige.”
“It simply doesn’t make economic sense most of the time for builders to contest these stucco cases in a full-blown arbitration hearing.”
Mr. Zudar added, “It’s not like these stucco cases are made up. These are homes with real damage and people who have really suffered. Why some builders choose to put certain homeowners through the ringer when it is obvious to all that the homes are not built to code is beyond me.”
If your home is experience cracking or damage that you suspect may be due to the defective workmanship of the builder, please contact us at 813.221.5000. Our attorneys are very experienced in this area of law and have the credentials to take on the builders in what can seem like an overwhelming task to most homeowners.
In order to protect the confidentiality of the homeowners, we have not revealed their names or address.