Article Courtesy of The First Coast News
By Anne Schindler

Published April 25, 2016

JACKSONVILLE -- Testimony continued today in a $9 million construction defect case against America’s largest homebuilder.

DR Horton is accused of building structurally deficient condominiums at the Heron’s Landing development on Beach Boulevard. The company has denied the allegations.
 

Two residents testified Tuesday, along with a structural engineer who inspected the property. All attested to issues with stucco, windows, roof leaks and other problems. The cost to each of the 240 units, they testified, would be $43,000. Both homeowners said said they could not afford the price tag. Heron’s Landing resident George Svadaba is both an owner and a member of the condo association board. He bought his condo in January 2007, new, and said he expected it to be a low-maintenance place to retire.

“I would not expect buying a new property for $185,000 that I would be in this mess today,” Svadaba told the jury.

Svadaba also expressed disappointment in DR Horton for fighting the case into the courtroom. “They’re ‘America's Builder,” he said citing the company’s motto. “You would think it would be in their own best interest to go ahead and resolve this and make things right with the homeowners that in good faith bought from them. All they want is to get what they paid for.”

Plaintiffs allege the condos need new windows and sliding glass doors installed, a new roof and all new stucco. Plaintiffs are asking to cover the cost of those repairs and the association’s legal fees. Circuit Court Judge Jim Daniels previously ruled there would be no punitive damages at this trial.

Condo owner Christine Bentley also testified. She and her husband bought a condo in early 2009 for about $150,000. She joined the condo association board in 2013 after becoming concerned about conditions at the condo complex. She noted that residents aren’t looking to profit from the lawsuit, just to fix the problems.

“I would like to see them built to code,” she told the jury. “I want the property to look the way it should. I want to be able to sell my unit without telling someone there’s building defects. I would like to be able to rent my property without a renter calling in with a number of problems that I will have to pay to fix.”

Plaintiffs are seeking in excess of $9 million. DR Horton posted revenues of $10.7 billion in 2015. The company has declined requests for comment.

The case is expected to last four weeks.