NEW DEVELOPMENTS IN THE FIGHT TO REMEDY DEFECTIVE STUCCO EXTERIORS
ON SUN CITY HOUSES
Significant new developments have taken place in the effort to have
Webb/Pulte acknowledge the defective stucco applications on the majority
of houses
in Sun City. As you will see below, the first of the stucco cases - of
which there are nearly 100 presently filed in Beaufort County - went to
an arbitration award, awarding the homeowners 100% of their claimed repair
costs, and, IN ADDITION, an award of both attorneys fees and costs.
During the development of the case, it was revealed that approximately
2700 houses in Sun City were built identically from the standpoint of stucco
exteriors, and all of them have similar features such as control joints
which are not placed according to stucco manufacturer’s or industry
standards and a lack of through-wall flashing where required. These omissions
can contribute to cracking and water infiltration over time. In addition,
Pulte's experts perfomed tests on certain houses, and those experts found
that on all the houses tested, the stucco had been mixed improperly - a
condition which, over time, will lead to corrosion of the metal lathe reinforcing
the stucco.
While so far, a panel of arbitrators has been unwilling to grant the
certification of these claims as a Class Action, you should be aware that
there is another avenue open in which Class Certification is being sought.
In the Grazia case in Beaufort County, Class Action Status will be sought
against the applicator of the stucco exteriors on the homes, and this applicator/subcontractor,
has also brought claims against Pulte. At present, the Court has several
legal technical matters under consideration which may impact the availability
of Class Action relief, but if and when these are resolved, Class Action
Certification will be sought.
On the Important Documents page, you will find two new items of interest:
1.A brief synopsis of the Oros decision, and 2. A response to a submission
which Pulte's President posted on Pulte's Community web site as a reaction
to the Oros decision against it.
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