Shoddy home construction leads to $1.535M settlement

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A family whose house was plagued by leaks and termites has confidentially settled a claim against the home’s builders and a termite company for $1.535 million, their attorney reports.

Jim Davis of Charleston reports that the family hired a contractor to build the 7,300-square foot home that had been specially designed for their disabled son. The design included wide doors, elevators, and single-level flooring throughout the home so the son could move freely. It also included a medical track system that allowed them to transport their son throughout the house, Davis said.

But once they moved in, they discovered that water was leaking in throughout the home. The builder attempted to make repairs over a two-year period before ultimately refusing to return to the house. The water attracted termites, which infested the house, and the termite company failed to properly treat the infestation, Davis said.

The clients filed a claim against the general contractor, roofing contractors, sub-contractors, and the termite company for breach of contract, gross negligence, and breach of implied warranty of workmanlike service.

“The family was devastated,” Davis said. “This was not just their dream home, but an essential home for their disabled son,” Davis said. Relocating from the home wasn’t an option due to the extensive permanently installed medical track hardware systems.

Bill Lyles of Charleston mediated the case, and the case settled after a 12-hour mediation. The family has now corrected all of the problems with the home.

“No more leaks or termites–the home is sound, and the family now has peace of mind knowing that they recovered sufficient money in mediation to protect their family during reconstruction, manage their disabled son’s needs, and fully repair the home,” Davis said.

Due to the confidentiality agreement, other details about the settlement, including the names of the defendants and their attorneys, were unavailable.

Follow Bill Cresenzo on Twitter @bcresenzosclw

SETTLEMENT REPORT — BREACH OF CONTRACT

Amount: $1.535 million

Injuries alleged: Construction defects leading to water intrusion and termite infestation

Case name: Confidential

Court: Confidential

Mediator: Bill Lyles of Charleston

Date of settlement: Feb. 15, 2020

Attorney for plaintiff: Jim Davis of Charleston

Attorneys for defendant: Withheld