Homeowners take action against developers over Centex construction flaws

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Homeowners take action against developers over construction flaws

Filed: 07/22/2001

By FRED LUDWIG, Californian staff writer

e-mail: fludwig@...

Huber and his family looked for a house for 14 years, biding their

time until the right one came along.

They finally found one in a quiet, family-oriented development in northwest

Bakersfield in 1997 -- or so they thought. A kitchen project last year led

to the removal of their hardwood floor and they discovered a crack in the

home's concrete slab apparently spanning the length of the home.

Now the s are waiting again, this time for resolution of a lawsuit

they and the owners of 20 other homes in the Northshore development at

Riverlakes filed last March.

For years, parts of California have seen a steady flow of suits involving

large numbers of parties over tract-home flaws. Such massive home

construction suits have been rare in Kern. The numbers here are still small

by comparison but are quietly growing amid more awareness of such

litigation, some attorneys said.

Some people consider the suits a critical safeguard against sloppy

construction. Others say such suits are fertile ground for frivolous claims

that can make homes more costly for everyone.

Crack in the American dream

The s lived in apartments in Bakersfield for a decade before buying a

home in the Northshore development. They liked the neighborhood, with all

its young families, and got a corner lot at a good price. Inside, the family

liked the open floor plan that made the house look bigger than it really is.

" We knew we'd be happy here, " said.

They were puzzled from the start by an ant problem because they could not

figure out how the ants were getting so far inside the home. They sprayed

every other week.

Then, last year, discovered the ants' route -- the crack in the slab.

" It's annoying, " he said. " It's just not what we paid for. "

is waiting for slab repairs before redecorating -- pattern tile in

the dining room, mirrors and wood around the fireplace, hardwood floors in

the hall.

The Northshore suit names Centex, a national homebuilder. Company spokesman

Neil Devroy said officials had not received a copy of the lawsuit and are

not aware of open warranty issues with customers. The company in general

works to resolve such complaints out of court, he said.

" If our customers have problems, we go out and fix those problems for them, "

Devroy said.

The business of justice

The Northshore homeowners are being represented by & Kriger, a firm

with offices around California that specializes in large construction-defect

suits. The firm opened a Bakersfield office last year and has about five

large construction suits under way, said paralegal Ralph Fleet.

The lawsuits often involve large numbers of homeowners and contractors, can

be expensive to litigate and difficult for courts to manage, Fleet said.

Trials can take months.

Large-scale building is more likely to be flawed because of the use of

unskilled labor and looser supervision of work, Fleet said.

" These developers could have put us out of business long ago by building a

better product, " Fleet said.

Some of the other large development lawsuits ongoing in Kern include:

* Twenty-two homeowners in the Sandstarr development in mond are suing

CDR Construction, in a case also handled by & Kriger. That case was

filed in March 2000 and is expected to take up to another year before going

to trial if it is not settled before that.

* Eleven homeowners in the Rolling Oaks development in Tehachapi are suing

developer Trigueiro for alleged problems ranging from cracking stucco

to poor drainage, said Santa Barbara attorney Jeff Young. In one home, a boy

was allegedly sickened by mold that formed because of moisture that entered

through the cracked stucco, Young said.

* In the Morningside development in Delano, seven homeowners are suing

Workman Brothers Development Company.

In that case, the homeowners and their attorney have been sanctioned $2,000

for failing to show up for a court hearing and promptly provide information,

according to the developer's attorney, De of Fresno.

He said Workman Brothers offered to fix the problems, but the homeowners'

attorney refused that offer.

Delano attorney Jannette Ramos, who represents the Morningside homeowners,

did not return phone calls seeking comment.

Growth brings more suits

Attorney Cal Stead said large construction-defect suits appear to have grown

here over the last five years.

" We can only expect this to continue, " said Stead, who has seen it happen in

Southern California.

The cases can be lucrative for lawyers and costly for contractors and

insurance companies, Stead said.

Large-scale builders can ensure quality and guard against suits by screening

contractors carefully and inspecting their work, said Ron Ray, president of

Homes.

" Some (suits) are legitimate, and some are not very legitimate, " Ray said.

Though some local attorneys believed large-scale construction suits have

increased in Kern, court officials would not confirm that.

Available numbers show complaints over tract homes dropping from 30 in the

1994-95 fiscal year to 18 in the 1999-2000 fiscal year, according to the

Contractors State License Board.

There was a similar drop in total Kern complaints over all types of

construction during the same time period, from 300 to 248, board data shows.

The board investigates complaints and can impose penalties against

contractors or revoke their licenses.

The Bakersfield area saw some large construction-defect cases in the early-

to mid-1980s, but such suits seemed to taper off after that, said

Development Services Director Jack Hardisty.