Homeowners file suit; mold tests plannedBy Prentiss Findlay (Contact)
The Post and Courier
Friday, July 11, 2008
Lawsuits filed on behalf of three D.R. Horton homeowners on Daniel Island allege that poor workmanship caused water intrusion and wood rot. The homes will be tested for mold contamination, an attorney said Thursday. "The crux of the claim is defective construction ... the end result is mold," said Jesse Kirchner, who is representing the homeowners. Kirchner said he will file a suit for the same reasons on behalf of a fourth Daniel Island homeowner. Poor workmanship and lack of appropriate window flashings are factors in the water intrusion, he said. Two of the Daniel Island homeowners who have filed suit live out of town. The third lives here and is on vacation while mold testing is done, he said. Kirchner declined to identify the plaintiffs in the suits until he contacted them first. The suits were filed in Berkeley County Court of Common Pleas. Kyle Dillard, an attorney at a Greenville law firm that represents D.R. Horton, has not responded to phone and e-mail messages this week. Another D.R. Horton homeowner came forward Thursday to talk about potential construction problems. Chad Price, assistant director of water distribution for the Charleston Water System, said Thursday that his D.R. Horton townhome in Mount Pleasant had poor flashing installation resulting in damaged floors, leaks at doors and damaged framing. He lives in the Peninsula development. Price said in an e-mail that D.R. Horton repaired his unit at their expense by removing the back door, replacing the hardwood, replacing the flashing and installing a new type of door. "It took two times for them to get it right and about a year," he wrote. "I'm an engineer by trade, so I refused anything but an adequate repair and still didn't get what D.R. Horton agreed to do." Two Daniel Island families already have said they moved from their D.R. Horton homes because their kids' doctors recommended it after seeing the results of mold tests. Benjamin and Joy Allen left their house more than a month ago. They worry that their daughter, Madeleine, 3, has suffered chronic respiratory problems because of mold. They bought the 8-year-old house about three years ago. Their neighbors, David and Terry Pittman, moved from their house July 4. They are concerned that their son, Anders, 7, has suffered with chronic ear infections, diminished hearing and scarring because of mold in their house. The Pittmans bought their house new about eight years ago. The families have not yet sued but have talked to an attorney, Patrick McDonald. A Mount Pleasant family in the Rivertowne subdivision moved out of their D.R. Horton home for nine months so $150,000 in repairs could be done to correct water seepage into a wall between the master bedroom and the kitchen, where black mold was discovered. The father, Paul Quam, was diagnosed with the early symptoms of mold poisoning but has recovered. The family has sued D.R. Horton. The home was built in 2003, and they purchased it last year. Water and mold --Attorney Jesse Kirchner said Thursday that he has filed suit on behalf of three D.R. Horton homeowners on Daniel Island because of poor workmanship and water intrusion. The homes will be tested for mold contamination, he said. --Chad Price, assistant director of water distribution for the Charleston Water System, said Thursday that his D.R. Horton townhome in Mount Pleasant had several problems D.R. Horton corrected at its expense. Price said he considered filing suit in small claims court over other related matters. --David and Terry Pittman said Wednesday they moved out of their Daniel Island D.R. Horton home on the recommendation of their kids' doctor after receiving the results of mold testing. --Joan and Paul Quam of Rivertowne in Mount Pleasant said Tuesday that they spent $150,000 to repair and treat their D.R. Horton home after moving out for nine months last August because Paul Quam was diagnosed with the early stages of mold poisoning. They have sued D.R. Horton. --Benjamin and Joy Allen said last week they moved from their D.R. Horton home on Daniel Island more than a month ago on the advice of their kids' doctor after receiving a mold report. --D.R. Horton attorney Kyle Dillard said last week the company will hire an independent, third-party tester to assess the mold problem in the Allen home. Dillard did not return phone and e-mail messages seeking comment this week. Reach Prentiss Findlay at 937-5711 or pfindlay@postandcourier.com. |
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Comments
This article has 12 comment(s)
Posted by Charles_Town on July 11, 2008 at 9:23 a.m. (Suggest removal)
I have never had a problem in my home, but did work for a company one time that had it's start up office on the old Naval base in the housing area. That was an adventure. But anyway, after being in there about 2.5 years we discovered some black mold growing in one of the attic storage spaces. When we had it inspected we were told to get out that afternoon. We were allowed back in with face masks for about 1 hour at a time move out all the computers and stuff. One of the former employees is still having health related issues as a result of working there.
Posted by iceman1978 on July 11, 2008 at 9:30 a.m. (Suggest removal)
Thomas1776, Correct. I have been saying it for years that if builders are willing to cut corners on their labor costs by hiring illegal immigrants rather than skilled laborers then what else are they cutting corners on? I would hate to think of how many others there are in the area who could be having problems such as these and not even be aware of it yet.
Posted by Rebel_Yell on July 11, 2008 at 12:01 p.m. (Suggest removal)
DR Horton has had it coming for a long, long time. Must be a slow press day but it's nice to see some negative exposure--maybe they will do right by their customers this time but I suspect they will blame it on their subs and let it drag out for years. Bottom line -- you get what you pay for with these spec homes.
Posted by JohnS on July 11, 2008 at 12:02 p.m. (Suggest removal)
The water did not leak in over night. If the leak was fixed timely this may not have been this severe. I hope the judge throws the case out.
Posted by Rebel_Yell on July 11, 2008 at 12:08 p.m. (Suggest removal)
Or, they could build them properly from the start. but that is a lot to ask when your buying a brand new home
Posted by justafan on July 11, 2008 at 12:22 p.m. (Suggest removal)
Thomas since you know so much about the building process and inspections please tell me what of the many inspections should have caught the window flashing issue?
CALHOUN STREET, 3RD FLOOR, CHARLESTON, SOUTH CAROLINA 29401, (843) 724-3781
For single family dwellings (new construction only) the following information and/ or
inspections must be obtained and/ or submitted prior to the issuance of a Certificate of
Occupancy:
Building
1. Foundation Inspection
2. Sheathing Inspection
3. Framing Inspection
4. Insulation Inspection
5. Final Inspection
Electrical
1. Temporary Pole (if applicable)
2. Rough Inspection
3. Final Inspection
Plumbing
1. Rough Inspection
2. Sewer Inspection
3. Final Inspection Engineering
Mechanical
1. Rough Inspection
2. Final Inspection
Gas
1. Rough Inspection
2. Final Inspection
Engineering Inspection
Charleston Water Inspection
F.E.M.A.
1. V Zone Certifications (prior to issuance of permit and asbuilt)
2. V Zone Breakaway Wall Certification (prior to issuance of permit and asbuilt)
3. Elevation Certificates (under construction and final)
Board of Architectural Review
(Projects located in the Historic District- south of Line Street)
Posted by drp7773 on July 11, 2008 at 2:15 p.m. (Suggest removal)
The flashing and such is the builder and project managers job to catch, not the buyer. The builder and project managers are the ones that hire the subs to come in and do the work so yes they are responsible for the entire project in this case every house that is built in the subdivision. Yes the subs did lousy work and yes the mexicans illegals and legals do a lot of shotty work, but each day it's the job of the project manger to ride thru each project and inspect what was done that day and every day to give approval for the subs to get a draw (money)at weeks end and before they get this draw all work has to meet the guidelines laid out by the codes set in place for the counties and state. There is no way every person buying a new house will know what and where flashing goes or if the right insulation is used etc. etc. they are not builders or carpenters or plumbers etc. If the flashing on the window was not put on yes it can leak into the wall for awhile before you might see the damage so to say the buyer should have seen this is ridiculous. This and all builders hould be held accountable for this and they should redo all the wrong plus expenses that these families have endured. And just for good measure they should have to live in these houses for a year with the mold and see how they like it. But as we have seen most of these scum bum builders take the money and run. When caught they will ride it out , hide the money then file bankruptcy, then come back 1 year later under a new name and the state allows this to happen knowing this builder just changed his company name. Yes its nice to know so many home buyers do not have to go thru this but for the ones that do its a nightmare that was not needed. To say the buyer should have know cause it was a stick built house is again ridiculous, stick built like all houses have to meet the same codes and I can promise you the expensive homes have some of the same subs working for them, it comes down to the builder and project manager to catch the screw ups before the house is complete.
Posted by WandaR on July 11, 2008 at 7:53 p.m. (Suggest removal)
Stand828,
Obviously you are a defense lawyer for the Hortons of the world.
Some people get allergies from mold, some get asthma, some get very sick, some are unaffected. It doesn't matter. Mold will not hold up walls in your home and a mold siren does not go off the minute it starts growing (which is usually a few days after it's built - unless the owner is dumb enough to knowingly let a leak, caused by his own hand, continue).
You, being an attorney, probably know better than anyone that the homeowner loses big time in these lawsuits. You also know the reason there was little or no mold in old houses. Back in the day almost all builders had integrity.
Please do not joke about something that is so serious. Even if you are a rich lawyer, all the money in the world will not get your health back if it happens to you and you are one of the unlucky ones.
Posted by rroberts1936 on July 14, 2008 at 9:29 a.m. (Suggest removal)
Hey, I know what caused the mold.....
Answer: When one owes close to $400,000.00 on a 1500 sq. ft. vinyl siding home!
Posted by MrsKramer on July 14, 2008 at 9:32 a.m. (Suggest removal)
Stand828,
You wrote, "So what's the deal with all the mold problems? Why are new houses so prone to mold, yet you rarely hear anything about similar problems in older houses? Is it because there is still a builder to blame and sue within an acceptable time frame? I wonder why the houses I grew up in never had problems, or at least we didn't hear about them."
Answer: It would not be a correct assuption on your part to conclude that newer homes are causing litigation claims "because there is still a builder to blame and sue within an acceptable time frame". The reason why newer homes are more prone to promote mold growth to the point that the indoor environment is causing serious illness is two fold:
1. In an attempt to promote energy efficiency, around the late 70's - early 80's, we began to construct buildings that were more air tight, where the indoor temperatures could be more easily controlled.
2. At the same time, we began using more manmade materials that easily wick water when leaks occur - such as dry wall, instead of plaster, particle board subflooring instead of wood.
So, when leaks occur under these building standards, the structures act like gigantic, air tight petri dishes that encourage the growth of microbial contaminents.
Adding to the two above reasons are air conditioning units where condensation may pool, along with the fact that some builders these days do not stand behind their work. They attempt to use mandatory arbitration clauses that force the buyers to settle for less than what is really deserved from construction defects. They then just factor this in as a cost of doing business while continuing to build cheap, shoddy houses.
The good news is that most builders do try to build quality construction. But unfortunately, some of the bigger tract builders are more concerned with the number of houses sold, rather than the quality of their work. Sadly, they are giving the entire building industry a black eye.
Posted by WandaR on July 16, 2008 at 8:49 p.m. (Suggest removal)
Now there's someone with some good solid information. Thanks for explaining it so well, MrsKramer!!!
And rroberts1936, obviously you're completely in the dark. Suing builders in the state of SC will only add to the home owners debt. Get a clue.
Posted by moldcleaner on July 21, 2008 at 1:08 p.m. (Suggest removal)
A great procduct on the market is mighty micros for cleaning mold and musty odors. This product was OSHA and university tested. You can find the results on www.mold-help.org. This is an all natural cleaner. It cleans mold without re-growth. Eliminates musty odors. www.mightymicros.com