Jury awards $3.25M to Chester County families who sued homebuilder over defects
The lawsuits by residents at the Estates at Hideaway Farms are the first of several against Southdown Homes.
A Chester County jury has awarded a total of $3.25 million to three pairs of homeowners in East Brandywine Township who sued their builder over defects.
The families bought houses for between $600,000 and $800,000 in a single-family development called the Estates at Hideaway Farms, constructed by Chester County builder Southdown Homes. In their lawsuits, the homeowners said water infiltration due in part to improperly installed stucco and windows damaged their homes.
They alleged negligence, misrepresentation, breach of contract, and consumer law violations by the builder.
Their case is the first of a group of more than 20 pending lawsuits filed by Hideaway Farms residents to go to trial. In this case, the jury delivered its verdict on June 5 in favor of all the plaintiffs’ claims.
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“I believe that the verdict accurately and fairly reflected the evidence presented,” said Jennifer M. Horn, founding partner at Horn Williamson, the law firm that represented the homeowners.
Southdown Homes denied the homeowners’ allegations and all liability in court filings. The law firm McCormick & Priore, which represented the builder during the trial, did not respond Friday to a request for comment on the verdict.
In court filings responding to the homeowners’ lawsuits, Southdown said the homeowners failed to mitigate damages, that “alleged damages, if any, were the result of an Act of God,” and that “if plaintiffs suffered any damages as alleged, they were caused solely and primarily by plaintiffs’ own negligence, carelessness, recklessness, comparative negligence, or contributory negligence.”
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Jennifer and Eric Vaichunas bought their house in 2012 for $770,000. According to their lawsuit, in 2018, they began noticing problems with water infiltration. The following year, a home inspector told them their windows, stucco, and porch had not been properly installed.
They said they wrote to Southdown demanding the builder make repairs, which were estimated to cost more than $100,000.
The jury awarded the homeowners $1.1 million.
Jennifer and Michael Campbell bought a house just up the street in 2011 for $770,000. According to their lawsuit, the Campbells became aware of issues with the installation of windows and stucco in 2018. The home also had mold, which they attributed to water infiltration.
They said they wrote to Southdown in 2019 demanding that the builder make repairs, which were estimated to cost more than $100,000.
The jury awarded the homeowners $1.2 million.
Heather and Steven Simon bought their home on a nearby street in 2015 for $635,000. According to their lawsuit, an inspection in 2019 found problems with the home’s stone veneer, windows, doors, and stucco. The home also had mold, which the homeowners attributed to water infiltration.
The cost of repairs was estimated at more than $150,000.
The jury awarded the homeowners $950,000.