MARYLAND CONDOMINIUM CONSTRUCTION DEFECT ATTORNEYS OBTAIN $5.6M JURY AWARD AGAINST BUILDER AND DEVELOPER FOR CONSTRUCTION DEFECT DAMAGES


Maryland Construction Defect Attorneys obtian $5.6 Million Jury Verdict Against Developer for Construction Defect Damages

 

MARYLAND CONSTRUCTION LAWYERS AND CONSTRUCTION DEFECT ATTORNEYS

MARYLAND CONDOMINIUMS IN ODENTON AWARDED $5.6M DAMAGES IN SUIT AGAINST RYAN HOMES FOR CONSTRUCTION DEFECTS

Posted: 7:35 pm Tue, November 20, 2012

By Kristi Tousignant

Daily Record Legal Affairs Writer

An Anne Arundel County Circuit Court jury awarded $5.6 million in damages to a condominium association for faulty construction by Ryan Homes.

Eden Brook Condominium Inc. filed a lawsuit against construction company NVR Inc., the parent company of Ryan Homes, for faulty construction of buildings in the 55-and-older community in Odenton. The condo association also alleged NVR misrepresented the quality of the buildings before and during construction and failed to maintain them.

The condo association said NVR’s improper construction led to leaks, with some homeowners keeping buckets in their condos to catch water. There was also faulty brickwork that did not meet industry standards and cooling problems with undersized air-conditioning units, said the condo association’s attorney, T. Allen Mott, partner at Cowie & Mott PA in Baltimore.

The jury awarded the condo association compensatory damages after a five-week trial Monday.

“I think the jury sent a clear signal that a builder will be held accountable,” Mott said. “… I think that’s the message. Normally, our firm is successful in resolving these types of cases before they go to trial. Here, NVR stood its ground and took the position that the problems were not as bad as the homeowners alleged and the jury disagreed with that.”

An attorney for NVR, … said the firm does not comment on litigation.

The condo association said in its complaint that NVR failed to live up its its sales presentations and advertising campaigns that construction would follow “applicable building codes” and build units with “impeccable quality.”

Instead, the complaint alleged, the company did not comply with building codes, deviated from plans, used inferior materials and did not meet minimum industry standards.

These defects led to leaking windows, flooding in the units, premature deterioration, structural instability, wood damage, peeling paint, wall and roof structural damage and mold growth, according to the complaint

The condominiums in Odenton were built between 2005 and 2008 and many of the owners bought their homes before or during construction, signing contracts before the condos were complete, Mott said. The 224-unit development consists of eight buildings.

The first residents moved in during February 2006. Mott said he and attorneys at the firm interviewed 26 homeowners about defects in the building and filed a lawsuit in January 2011.

“There were a lot of similarities,” Mott said. “The deficiencies were systemic for the majority.”

The condo association claimed one count of negligent construction, Title 10 implied warranties, negligent misrepresentation, violation of the Maryland Consumer Protection Act, breach of express warranty, Title 11 implied warranties, negligent repair and breach of contract. The association asked for $10 million in its complaint.

EDEN BROOK CONDOMINIUM INC. V. NVR INC.

Court:

Anne Arundel County Circuit Court, Maryland

Case No.:

02-C-11-158348

Judge:

Paul G. Goetzke

Outcome:

Jury verdict for $5,629,715

Dates:

Suit filed: Jan. 13, 2011

Verdict: Nov. 19, 2012

Plaintiffs’ Attorneys:

T. Allen Mott, George Bealefeld III, Stanford L. Kimmel III, and Nicholas D. Cowie of Cowie & Mott, P.A. in Baltimore.

Counts:

One count of negligent construction, Title 10 implied warranties, negligent misrepresentation, violation of the Maryland Consumer Protection Act, breach of express warranty, Title 11 implied warranties, negligent repair and breach of contract.

 

MARYLAND CONSTRUCTION LAW

Cowie & Mott, P.A. , a Maryland complex litigation law firm

2310 Boston Street, Baltimore, MD 21224 • Telephone: 410-327-3800 • Facsimile: 410-327-3801

COWIE & MOTT, P.A. is a Maryland construction law firm with Maryland construction lawyers and construction law attorneys practicing construction law in Maryland. Our main law office is located in the Canton / Fells Point area of Baltimore City, but the Maryland construction lawyers and construction attorneys at COWIE & MOTT, P.A. are known for handing complex construction law claims, including construction defect claims, payment disputes, delay claims, mechanic’ lien petitions and other construction related egal disputes throughout the State of Maryland. The experienced Maryland construction lawyers and construction litigation attorneys of COWIE & MOTT, P.A. provide legal advice and legal representation to owners, condominium associations, homeowners associations, developers, subcontractors, material suppliers, design professionals and construction lenders. As a result of our law firm’s experience in construction law matters, we are often called upon to work with and assist local counsel representing clients in neighboring jurisdictions , such as the the State of Delaware the District of Columbia ( Washington D.C.).  See Bing Places & Google +