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Published on Sunday, March 05, 2006

Dream home is a nightmare

http://www.fayettevillenc.com/article?id=227611

By Al Greenwood

Staff writer

Fayetteville N.C.Observer Photo

Hutchinson expected to live the rest of her life in her new

home.

Instead, the house cost Hutchinson her health, she says.

The house had water problems that were never adequately repaired,

causing mold to grow in the crawl space, according to a lawsuit. The

mold released toxins that made Hutchinson too sick to live in her

home.

" There aren't many days that I don't fall asleep crying about it, "

she said.

Hutchinson is suing the house builder, Hornaday Construction Co.,

and two subcontractors, Suntree Landscaping Inc. and Cape Fear Air

Conditioning and Heating Co. Inc.

Hornaday, the owner of Hornaday Construction, said he did not

ignore Hutchinson's concerns nor any water problems with the house.

" We're hopeful that when we go to trial, we will prove that she is

not correct, " he said.

Over the years, Hornaday's houses have won awards from his peers.

Now he is being accused of building a house that made someone sick.

" You do the best job you can. When you get something like this, it

does hurt, " he said.

A person at Cape Fear Air Conditioning said the company had no

comment. Likewise, a person from Suntree said the company had no

comment.

A $283,000 house

Hutchinson hired Hornaday in March 2004 to build a $283,000 house.

The house had water damage before it was completed, the suit says.

Suntree Landscaping never properly graded the site. As a result,

rainwater frequently washed underneath the house. Cape Fear Air

Conditioning and Heating made the water problem worse when it

damaged the foundation wall while installing the air conditioner,

the suit says. At least three times during construction, water was

pumped from underneath the house.

Fill dirt in crawl space

Despite the flooding, Hornaday did not remediate the crawl space,

the suit claims. Instead, fill dirt was used to cover up stagnant

rainwater around the foundation and inside the crawl space.

Hutchinson complained about the water problems at least 12 times

during construction, according to the lawsuit. She told Hornaday

that she was allergic to mold.

Before closing on the house, Hutchinson had it inspected, the suit

says.

The inspection report warned that mold could grow in the house. It

found problems with the house and the grading that could contribute

to water problems. Hornaday signed an agreement saying he would

repair the problems as soon as possible.

However, the house continued to flood, the suit says. After the

closing, Hutchinson complained about pools of water collecting in

her back yard. Suntree responded by adding some dirt. It marked the

only time, the suit claims, that Hornaday made any attempt to repair

the grading of the house.

In December Hutchinson removed about 300 gallons of water from the

crawl space under the house, the suit says. Hornaday continued to

visit the house and fix problems. However, the repairs were never

adequate, the suit says.

Home inspection

In March, an inspection by Matrix Health & Safety Systems found high

levels of mold for a new house, the suit says. That same month,

Hutchinson was showing symptoms of mold toxicity. Her doctors

ordered her to leave the house.

Further inspections done in May by Restoration Sciences found high

levels of mold in the crawl space, the suit says.

In June, Hutchinson had new health problems, and her immune system

crashed, the suit says.

In an interview, Hutchinson said her health problems weren't caused

by just allergies. She was becoming sick from toxins being released

by the mold. Hutchinson became fatigued. Her vision was blurry. Her

heart raced.

Even now, Hutchinson said her skin is so sensitive, she can't shave

her legs. Every morning, her skin feels like it's burning.

Hutchinson didn't expect her new house would make her sick, she

said. She bought the house from her retirement savings.

Hutchinson moved to Fayetteville from Summerville, S.C., so she

could be closer to family. Hutchinson, an artist, hanged her

paintings in the house. Now she worries that the mold could be

growing on the canvasses.

" I don't know what to do, " she said.

Builder's reputation

Hutchinson's allegations run counter to the reputation Hornaday has

built over the years.

His houses are featured in the Parade of Homes, a house tour

organized by the Home Builders Association of Fayetteville.

At one time, the association would recognize the best houses in the

parade. For years, the houses built by Hornaday were chosen as the

best in the parade.

" We've achieved a good reputation, " Hornaday said. He has had repeat

customers and referrals.

For Hutchinson's house, Hornaday said his lawyer instructed him not

to comment about any specific allegations made by Hutchinson.

Hornaday said people from his company did go out to follow up on her

concerns. Once the problems were pointed out, the company took care

of them.

In follow-up visits, Hornaday found no signs of mold or water in the

crawl space, he said.

Hutchinson, of course, is disputing his claims.

" I can honestly say that I've never stepped in a courtroom to defend

our honor, " Hornaday said.

Now, after more than 30 years of doing business, Hornaday may have

to do just that.

Staff writer Al Greenwood can be reached at

greenwooda@... or at 486-3567.

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