$28 million in building suits settled

Grace Leong

Monday, Feb. 11, 2002 | 9:25 a.m.

Six Clark County home builders and developers have agreed in recent months to pay $28.6 million to settle construction defect lawsuits. One other suit was partially settled for about $2.9 million.

A $2.3 million construction defect lawsuit filed in November 1999 against Durable Homes Inc., doing business as Capital Pacific Homes Inc., was settled last week in favor of Las Hadas Homeowners Association, a 96-home development at 6802 W. Alexander Road.

Las Hadas alleged the homes had problems in their roofs, chimneys, exterior and interior walls, balcony decks, floors, windows, stairs and electrical systems. Fire safety features allegedly weren't compliant with building codes.

Durable Homes settled another construction defect lawsuit Jan. 24 for $3 million with Spinnaker Bay, also known as Colorado Bay Club II, a 108-unit condominium complex in Laughlin.

The average cost of repairing the condominiums is estimated at $28,000 a unit, Nancy Quon, the plaintiffs' attorney, said.

A $5.9 million construction defect settlement was approved on Jan. 9 in favor of Mar A Lago Homeowners Association in northwest Las Vegas against Wheeler Development Corp. and two affiliates, Wheeler Development LLC and Community Construction of Nevada.

Roger Grant, the plaintiffs' attorney, sued the defendants in October 1999, alleging defects including water intrusion, electrical, plumbing and roofing problems. The 444-unit condominium development is at Cheyenne Avenue and Buffalo Drive.

The cost of repairing the homes was estimated to be $8,000 to $10,000 per unit.

Grant, who also represents the 256-unit condominium development Resort Villas Homeowners Association in a construction defect lawsuit it filed against Robert V. Jones Corp. in August 1999, said a partial settlement was reached on Jan. 15.

Resort Villas, located on Warm Springs Road near Sunset Station, alleged its development had water intrusion, electrical and mechanical problems. It settled with the developer for $2 million on Jan. 15.

Meanwhile, Pacific Legends West Homeowners Association settled a lawsuit Dec. 20 against developer Pacific Properties and Development Corp. and affiliate Pacific Homes for $5.3 million plus attorneys fees and costs.

Scott Canepa, the plaintiffs' attorney, said the 210-unit condominium development at Buffalo Drive near Lake Mead Boulevard in Summerlin was defective because of problems with plumbing, roofing, electrical and mechanical connections, thermal and fire safety features and landscaping.

Two other construction defect lawsuits were settled in late November, involving Raintree Village, a 124-unit condominium complex at 7570 W. Flamingo Road and Verde Viejo Owners Association, a 272-unit condominium complex at Warm Springs Road and Arroyo Grande.

Developer Falcon Construction Services, a subsidiary of Falcon Homes, agreed to pay homeowners of Raintree Village $4.3 million after they sued over cracking stucco, serious window leaks, leaking roofs, electrical and plumbing problems.

Diversified Development Co. settled with Verde Viejo homeowners for $7.8 million after they alleged their homes had missing firewalls, leaking windows and roofs, cracking stucco, faulty electrical and plumbing installations.