Las Vegas Sun

April 19, 2024

Builder sued over defects

The homeowners' association of a condominium complex sued its developer, claiming widespread defects.

The lawsuit involves Sunset Bay Condominiums, a 140-unit, 7-acre complex on Tamarus Street near Warm Springs Road. The suit, filed by Sunset Bay's homeowners' association, claims all of the units in the development are "defective and unsafe." The development was built in 1990.

The association claims widespread water damage occurred in units as a result of leaks in roofs, walls, windows and doors. It also alleges that the condos contain faulty electrical systems, improperly installed fire walls, unstable foundational support and poor drainage.

Philip Van Alstyne, an attorney for the defendant Durable Homes doing business as Capital Pacific Homes, said the complex was built by Durable Homes, a company that was later acquired by Capital Pacific. He said Capital Pacific has made a "fair and generous" offer to the association to fix emergency problems, as well as to seek legal recourse against subcontractors.

"We have conceded that some problems do exist, but what we have offered to the homeowner association was ample to cover what we recognize as existing out there," Van Alstyne said.

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