Client Recovers Over $840,000 And Repair Commitment For Custom Home Defects.

Client Recovers Over $840,000 And Repair Commitment For Custom Home Defects.

Extensive water damage and rot will be repaired by the original builder of a custom Johnson County home after a settlement of $841,000 from that contractor and several subcontractors. This custom designed and built home was featured in KC Homes  magazine when it was completed in 2007. After suit was filed and a settlement reached, the owner will have the home restored.

Attorneys Daniel Estes and Mike Hughes represented the owner in a suit against the home builder and several subcontractors who worked on the original construction of the home. All of the defendants to the suit denied liability, but a settlement was reached for the payment of insurance proceeds that allowed for the repair of the home.

Started in 2005, the home was designed by BNIM architects for the homeowner to fit a picturesque 40 acre lot in Lenexa. With thick trees and an elevated view of the surrounding western Johnson County area, the unique home was designed to maximize the view and the setting.

The homeowner, Richard Carrothers, personally designed the interior design of the home and poured his creative energy into every aspect of the home. Long-time Johnson County homebuilder J.S. Robinson Fine Homes was hired to build the home and construction was completed in 2007.

After construction, the home design was celebrated with a feature in KC Homes magazine in 2007. A stunning showpiece of design, the home first exhibited stucco cracks with dark material oozing from the cracks in 2014. The cracks were investigated by a respected stucco contractor who discovered extensive water damage and rot of the OSB sheathing behind the stucco.

Eventually, an entire exterior wall had the stucco removed to explore the extent of the water damage. Damage to the sheathing, framing members and waterproofing for the house revealed the failure to various waterproofing elements of the construction.

Expert investigation into the causes of the water damage revealed failures to properly integrate and seal scuppers and downspouts with stucco and inadequate sealing of stucco joints. After extensive testing including cutting several holes in areas of the home’s exterior to detail the extent of the damage, suit was filed against the builder and several subcontractors.

Utilizing engineering experts and experienced repair contractors, our attorneys identified the extensive repairs necessary to restore the home. The litigation was successfully concluded when a settlement was reached when the defendants’ insurance carriers agreed to pay for the repairs to be performed by the original builder. The work to repair the home is expected to be completed in 2018 allowing the owner’s family to enjoy a problem-free home.

2017-07-27T23:11:12+00:00