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Frequently Asked Questions
| 1. I don't know if I have any problems with my house so should I participate in the case? |
2. Is an engineer going to come out and look at my home since he has already looked at 200 or so others? |
3. My house is a newer Pulte house, so are the Pulte stucco homes included also? |
4. Am I responsible for any fees? |
5. A Pulte representative has told me that since the one-year warranty has expired that they are not responsible for any stucco problems. |
6. How can I participate? |
7. Why should I become a member of the class and what happens if I bring my own claim? |
8. Don't these cases take many years to resolve? |
9. Don't most houses have different stucco problems? |
10. Why shouldn't I let Pulte perform repairs rather than belong to a class? |
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| 2. Is an engineer going to come out and look at my home since he has already looked at 200 or so others? Answer: Not at this time. Approximately 200 homes have been evaluated so that a good cross-section representative-sampling of the stucco installation deficiency issues that exist could be documented for purposes of presenting this case. Additional evaluations of every house may be necessary during the claims administration process which will be at the end of the case upon a successful resolution. This evaluation may or may not be done by an engineer. Back to Questions |
| 3. My house is a newer Pulte house, so are the Pulte stucco homes included also? Answer: All stucco-clad homes are included. The conditions that the engineer found in the Pulte homes are similar to that which he found in the Del Webb homes. Because the Del Webb homes were constructed earlier, the cracking appears to be more significant given the age of these homes. Back to Questions |
| 4. Am I responsible for any fees? Answer: You will not be responsible for any out-of-pocket expenses or fees. The fees will be paid out of any proceeds that are obtained in the recovery. Back to Questions |
| 5. A Pulte representative has told me that since the one-year warranty has expired that they are not responsible for any stucco problems.
Answer: This is not true. Under South Carolina Law, a seller of a new home is legally required to impliedly warrant that it's habitable-free of significant defects. For additional information on this please refer to http://www.suncityblufftonhomedefectclaims.com/ldutiesinsc.asp Back to Questions |
| 6. How can I participate? Answer: Counsel will mail you a participation form that will need to completed and sent back. You will then be included on the list of people that are participating in the claim. For more information. Back to Questions |
| 7. Why should I become a member of the class and what happens if I bring my own claim? Answer: Anyone is free to opt out of the class and bring their own claim if a class is certified. The downside, however, is that an individual lawsuit is expensive, sometimes costing as much as $30,000 in expert witness costs through trial, whereas in a class action, typically expert costs are shared among a large group and aren't paid unless and until there is a settlement or recovery. Back to Questions |
| 8. Don't these cases take many years to resolve? Answer: It's true that in court cases, some of them do take years to conclude. This matter, however, is subject to arbitration-a much faster process in which three arbitrators make a decision which generally cannot be successfully appealed. Here, in our case, the arbitrators are all exceptionally qualified, fair, impartial attorneys, each of whom is highly qualified in the area of construction law with experience in the construction and repair of exteriors of residential buildings. Back to Questions |
| 9. Don't most houses have different stucco problems? Answer: No. Our experts have evaluated more than 200 homes, and we're informed that most probably all of the stucco houses in the development have the same problems with incorrect stucco application-the differences being the DEGREE-not the fact of the construction defects. Back to Questions |
| 10. Why shouldn't I let Pulte perform repairs rather than belong to a class? Answer: Of course, you have that option. Our experts tell us, however, that the repairs they have examined have been either inadequate, wrong, or a combination of both. Also, you should consider how timely Pulte has responded in the past to warranty claims and whether you could realistically expect a prompt and complete solution to the problems the developer initially created if that same entity is supervising the repairs. Back to Questions |