By T. Allen Mott
The Eden Brook Condominium is a 55-and-over, residential community in Odenton, Maryland. The 244-unit condominium association sued the condominium’s builder, NVR, Inc. (Ryan Homes) for construction defects discovered throughout the 8-building condominium development. The condominium association’s lawsuit alleged that the condominium contained numerous construction defects, was constructed in violation of the building code and industry standards, and that the builder misrepresented the quality of its construction. The association’s suit sought the cost to repair defects in the buildings’ units and common area, including exterior brick walls, windows, concrete, and HVAC systems. During a five-week trial in the Circuit Court of Maryland for Anne Arundel County, more than twenty homeowners testified regarding suffering the effects of the builder’s sub-standard construction, including leaking around windows and faulty HVAC units. At the end of the trial, on November 19, 2012, the jury awarded the condominium association $5,629,715 in construction defect damages for negligent construction, breach of Maryland implied statutory warranties, breach of contract, and negligent misrepresentation.
Attorney T. Allen Mott is a Partner at Cowie & Mott, P.A., the construction defect and business litigation law firm that represented the Eden Brook Condominium Association. Mr. Mott was lead counsel in the Eden Brook trial.