Article Courtesy of The First Coast News
By Anne Schindler
Published June 23, 2016
JACKSONVILLE -- After four years of litigation and an
epic 38-day trial, a jury found America’s largest homebuilder was negligent
when it built the Jacksonville community of Heron's Landing.
The verdict requires DR Horton to pay $9.6 million to remove and replace the
stucco, roofs and windows on the entire 240-unit development.
Condo residents and
experts testified that the Beach Boulevard structures
violate Florida building code, and are riddled with defects,
including cracked stucco, leaking roofs, and failing windows
and sliding glass doors.
Attorneys say the damage amounts to $9 million, or nearly
$38,000 per condo.
Before discharging the six member jury, Circuit Judge James
Daniel said words could not convey his gratitude for their
lengthy service and careful attention. He said a personal
goodbye to each juror as they left, shaking their hands, and
it was clear jurors were moved. One juror said she was “a
hugger,” before embracing the judge tearfully. “It’s
emotional,” she admitted.
Heron's Landing property manager Karen Floyd celebrated the
verdict. "There are so many developer/builders that build
these complexes, walk away from it, and don't look back,"
she told First Coast News. "And they're not ever held
accountable. I think this is a landmark case where the
builder/developer has been held accountable now." |
|
DR Horton Chief Operating Officer John Zakoske
defended the community of Heron's Landing, telling jurors "it's just
good business sense" to build good homes.
|
Resident Paul Vetter said he hoped the verdict encouraged
others to pursue construction defect cases. "If you have an issue with the
builder, go for it! We stuck, in there three years [almost four], and there
were times when it was really tough, and we had to dig deep in our pockets.
Now, it's a message that it can be done."
DR Horton, the nation’s largest home builder, had denied the claim. Its
attorneys say the condos are “fine” and that any defects are isolated or
insignificant. The company has also said that the condo owner association
failed to properly maintain the buildings, contributing to their condition.
The case has featured thousands of exhibits and dozens of witnesses,
including some prominent residents. Fifth District State Attorney Brad King
testified that a condo he bought for his college aged children in lieu of a
rental had extensive leaks, plumbing failures and stucco problems.
Magistrate John Sampson, who typically presides over Duval County Drug
Court, also serves as President of the Heron’s Landing Condo Association
Board. He testified the problems were extensive – and compared it to a
“cancer.”
“The more we discovered the more there was,” Sampson told the jury. “It just
kept growing and growing.”
DR Horton Executive VP and Chief Operating Officer John Zakoske defended the
company’s construction practices. “It makes more sense for us to give you a
good product have you refer your friends and family, your coworkers to us.”
he told the jury.
“We can sell them a home or sell you your next home. It’s just good business
We really don’t do that much advertising so we rely on word of mouth and our
reputation in the community to sell houses and stay in business."
DR Horton attorneys did not comment following the case, but both the condo
owners and their lawyers anticipate the company will appeal. Regardless,
plaintiffs' attorneys will face DR Horton again soon. They have a similar
claim against the company from an almost identical Jacksonville development,
called Windsor Falls.
draft
Circuit Judge James Daniel told jurors Tuesday that they had to determine
three things: if the buildings violate state building code, whether the
plaintiffs were “damaged” by that, and if DR Horton knew or should have
known about the violations.
More than a dozen condo owners and two dozen supporters of DR Horton
attended Tuesday’s closing arguments. The case is an extremely rare airing
of structural defect claims. Virtually all new home contracts require that
defect clams be handled in secret arbitration proceedings. In this case, the
Condo Association rather than the individual homeowners sued, contending
isn’t bound by contracts signed by homeowners.
Despite the length of the 36 day trial, the six jurors and three alternates
remained attentive and seemingly good natured. Jurors are paid $30 a day for
their services, but they do not receive that money until after the
conclusion of the trial.
Heron’s Landing attorney Barry Ansbacher presented his closing arguments
Tuesday morning, telling jurors that DR Horton chose “speed and greed” over
quality construction.
“Just do it right,” he said, evoking their motto, “America’s largest
homebuilder.” He asked the jury to award $9 million to repair the buildings.
DR Horton attorney Robert Carlson began his closing arguments after lunch.
"We aren't going to demonize the home owners," he said. "We like the
homeowners. In fact, we would like them to buy another home from DR Horton
and think at the end of this trial they might because they are performing
fine."
|