Article Courtesy of Local 10
News Tampa Bay
By Emerald Morrow
Published May 13, 2024
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The demand for housing across Florida has never been higher, and developers are
building new homes at rapid rates. But some homeowners are concerned the quick
builds are compromising quality, forcing ongoing repairs upon move-in.
Homeowner says house was defective upon move-in
When Bill Lundy bought his brand-new home at The Preserve at La Paloma in Sun
City Center just off I-75, he wasn’t expecting the need for contractors and
repairs almost soon as he got the keys.
"Dishwasher didn't work. It took four visits and four months to fix the French
doors. I had leaks in the guest bathroom...shutting down that bathroom for use,”
Lundy said. "At the same time that was going on, there was another work crew in
the other restroom doing drywall repair. So, I had no bathroom for a number of
days, which caused some problems I won't go into."
Lundy said this is on top of mold concerns and other problems that cause crews
to frequently be in and out of his home. The repairs have been ongoing since
last year.
“There were probably 40+ drywall issues. Seams…in the walls that had to be
fixed. Six months later, they're still fixing. There's little blue tape here,
there and beyond where they’re still fixing the drywall issues,” he explained.
“You feel like you’re held hostage. I’m working and I had loud equipment drying
the leak problem while I’m on Zoom calls trying to work,” Lundy said.
Property records show Lundy purchased the property in 2023 from a homebuilder
called Mattamy Homes. A behemoth in the development world, the company has built
thousands of homes across the nation and in Florida, with CEO Peter Gilgan at
the helm.
“I would think that particularly when this is 55 and up people buying these
homes that he would care and say that we have to take better care of these
people,” Lundy said.
10 Investigates reached out to Mattamy Homes for an interview. The company
declined our request to speak to someone on camera, but a spokesperson responded
to all questions that arose during the course of reporting.
“With respect to Mr. Lundy’s situation, we have completed all his requested
warranty repairs and have offered additional and appropriate reimbursement for
utility expenses during the times we were addressing warranty items, which he
has declined,” a spokesperson said in an email. “Overall, feedback from
residents of Mattamy’s The Preserve at La Paloma community in Sun City has been
extremely positive.”
Lundy refuted claims that he declined reimbursement, instead saying he asked for
modifications the company did not respond to.
HOMEOWNERS V. MATTAMY Lawsuits reveal
hundreds of homeowner complaints
Lundy’s concerns about quality
construction in his new home are not isolated incidents. 10
Investigates combed through court records in multiple
counties across the state and counted more than 100 lawsuits
with hundreds of complaints against Mattamy and its
subcontractors for construction defects.
Stucco defects and failure, roofing system defects and code
violations appear as common homeowner grievances.
“The quality of their work, of our home, is-- I'd give it an
F,” homeowner Mike Harley said. Harley, who also lives in
The Preserve at La Paloma, said he was unaware of problems
in other Mattamy properties until 10 Investigates’
reporting.
Harley said he keeps an Excel spreadsheet of problems that
need attention in his new home. |
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Image of Loch Lake Homeowners Association Inc.
complaint against Mattamy Homes
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"We walked into the home on August 1 and had problems since day 1," he said.
"Within the first few days, we had water leaking into the door up to about
10 feet because the sprinkler system was pointed toward the front door."
"There’s a lot of people who are unhappy," Harley added.
Sometimes, this includes entire homeowner associations. For example, The
Reserve at Loch Lake HOA in Sanford, Florida, filed suit against Mattamy in
2020, alleging damages “caused by systemic defects and deficiencies in the
development, design, and construction of the townhomes and common areas.”
The association called the defects and deficiencies “a violation of design,
building, and construction practices, the approved architectural plans, industry
standards, manufacturer requirements…and various governmental codes…”
Mattamy provided 10 Investigates the following statement in response to
homeowner concerns.
“The relationships we have with our homeowners are our top priority, and we
are fully committed to working with them as quickly as possible to correct all
warrantable issues and concerns. We fully stand behind our homes and our
warranty commitments made to our homeowners.
With respect to the specific customer concerns that were brought to us by
Channel 10 News, we have done, and will continue to attempt to do, everything in
our power to make them happy Mattamy homeowners once again.
At Mattamy, we tirelessly work every day to make every customer happy. However,
there are times when we cannot agree if an item is Mattamy’s responsibility. In
these rare disagreements, litigation is sometimes a path individuals choose to
take. When this is the chosen path of the homeowner, we abide by the decision of
a neutral third party to bring a fair and reasonable conclusion to the matter.”
PROTECTING YOURSELF
Construction defects can be common complaints with new homes
Mattamy is not alone in facing homeowner construction complaints. Searches for
other major homebuilders also reveal litigation over alleged construction
defects.
Attorney Jeff Lieser of LieserSkaff said one of the most important things a
buyer can do when purchasing a new home is hire their own experts to inspect the
property.
“In addition to your regular punch list and walkthrough with a builder, if it’s
a new build, you should hire your own inspector and go above and beyond that,”
he said. “Find a general contractor, someone you trust. Maybe consider an
engineer as well. Make sure that everything is in compliance. Not just small
things — make sure that the roof is done right, that the house is structurally
sound and that electrical is up to code.”
Lieser also suggests asking questions about subcontractors.
“Oftentimes you think you’re getting a great builder, but you’ve really got to
ask — whether it’s a new build or even if it’s a renovation — 'Are you actually
doing the work? Will you have a project manager or am I just going to be at the
mercy of any subcontractor you get at the time?’ If that’s the case, you’ve got
to take a really hard look at their superintendent/project manager. And take a
look at the subcontractor," he explained.
It's also important to consider changes in state law related to construction
defects, Lieser said. Last year, Gov. Ron DeSantis signed a law shortening the
timeframe for homeowners to bring a claim for construction defects.
“We live in a pro-business state. The legislature is very pro-business and
pro-construction and the construction lobby is very powerful. They convinced to
reduce statute of repose,” Lieser said. “From the other perspective, you can
have really good builders who do really good work, and as far as they know
they’ve built a really nice home. So, they feel it can be a really unfair law.”
A spokesperson for Mattamy said the company does rely on subcontractors to
complete work, but the company is committed to quality.
“Mattamy Homes is committed to working with our homeowners to address any issues
that may arise during the homebuilding and warranty periods,” a spokesperson
said in a statement to 10 Investigates. “While we strive for perfection in both
quality and the experience, issues can sometimes arise, which we then remediate
and repair as quickly as possible, in conjunction with our trade partners and
homeowners.”
At The Preserve at La Paloma, Lundy and Harley said Mattamy has a representative
on-site to help address problems as they arise.
“Luckily, we have somebody here that Mattamy has put into the community...He's
the only guy here who supports us. Without him, we wouldn't be talking to you,
we'd be talking to lawyers,” Harley said. He's hired by Mattamy to take care of
problems after you move into your home. Which, at the beginning, I thought,
‘Wow, this is great.’ Except I didn't know I was going to have a laundry list of
items that had to be fixed.”
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