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StumbleDel Webb responds to defect suit, says inspectors misled
Builder wants to associate case with its own federal suit
Tuesday, May 12, 2009 | 12:40 p.m.
Sun archives
Developer Del Webb Communities Inc. is fighting back in a construction defect lawsuit filed by hundreds of Henderson homeowners in Sun City Anthem, charging the suit is related to the activities of unlicensed home inspectors whom Del Webb says stirred up and misled elderly residents.
In papers filed Monday in U.S. District Court in Las Vegas, Del Webb said the defect suit filed April 6 in Clark County District Court is related to what it calls the rogue business practices of home inspector M.C. Mojave Construction and two men associated with that firm, Charles Partington and John Wilson.
The April 6 defect suit was filed by attorneys with the law firm Angius & Terry LLP on behalf of 304 Sun City Anthem development. Del Webb is owned by construction giant Pulte Homes Inc.
In Monday's federal court filing, Del Webb seeks to move the defect case to federal court and associate it with its own federal lawsuit against M.C. Mojave, Partington and Wilson.
A federal judge last October issued a preliminary injunction against M.C. Mojave, Partington and Wilson after Del Webb complained they offered free home inspections to residents with the undisclosed goal of signing them up for construction defect lawsuits; and falsely claimed to be associated with Del Webb.
Del Webb complained in the existing federal suit against M.C. Mojave, Partington and Wilson they "solicited inspections and fomented ... construction defect claims against Del Webb by door-to-door canvassing, creating and maintaining a Web site and distributing hundreds of fliers and placards throughout Del Webb communities, including Sun City Anthem. Defendants' solicitations and statements were directed at and made to homeowners who are 60 years of age or older and are therefore defined as elderly under Nevada law."
"Through face-to-face solicitations, fliers, placards and maintenance of a Web site, their inspection reports and other communications, defendants intentionally misled homeowners into believing defendants were properly licensed and authorized under Nevada law to inspect residences and to make and communicate inspection reports," Del Webb alleged.
Del Webb also claims the defendants misled homeowners into believing they were associated with Del Webb, failed to disclose their financial relationships with law firms interested in filing construction defect suits and misrepresented that their inspections were free when they weren't.
Wilson, the suit charges, placed placards around Sun City Anthem because of the homeowners' senior age status and capitalized on their senior status with "overbearing sales tactics."
Mojave, Partington and Wilson have denied Del Webb's claims and say their role in dealing with the homeowners was to offer legal home inspections and information about the homeowners' options to have defects fixed.
"The type of inspections involved in this case, i.e., a builder's inspection and one geared towards identifying building code issues and code compliance, does not require certification or licensing under (Nevada law) and is properly undertaken by persons in the building industry and persons with knowledge and experience in identifying such issues," they said in a February court filing.
As for the placards, the defendants said they were not distributed during Mojave's initial inspections but only prior to Del Webb's inspections. "Plaintiff identifies no homeowners that were actually misled by this placard, nor do they account for the fact that these placards were utilized only after (defect) claims were initiated to provide advance warning that Del Webb home inspectors would be on the premises investigating claims," the defendants said.
The defendants also argue that while Del Webb says the majority of construction defect claims in Sun City Anthem are associated with inspections by the Mojave defendants, it does not allege that material in the inspection reports is false or inaccurate.
Mojave, also known as C D S Construction Design Specialists, was also sued along with Partington and Wilson by William Lyon Homes Inc. in March on allegations similar to those made by Del Webb.
The defendants have not yet filed court papers responding to the William Lyon suit.
"William Lyon Homes believes that in the course of initiating inspections, providing legal advice and referring matters to lawyers, Partington and Wilson made misrepresentations to homeowners which result in interference with William Lyon Homes' ongoing contractual relationships with the homeowners," that lawsuit charges.
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Mc Mc John ---
We all have our own opinion!
Cannot wait for you to post your Blog into this section. Del Webb and Lyon ought to use all your comments in these Construction Defect blogs just to show the courts how one sided you are.
Anyone can see from reading you work for a CD Firm. Amazing about the elderly! Easy Victims of a broken law!
Wake up Nevada - Fix Houses Fairly should be the motto and John you should go into business properly licensed and assist these folks. Obviously you are more than capable!
LV 1 Team
Thanks for your vote of confidence LV1
This is a fair and balanced article about the fight between Del Webb the builder, who built or caused to be built code defective houses in an age sensitive community and MC Mojave who has a general contractors license in the state of Nevada and under that license performs examinations as an "expert" in Chapter 40 cases.
So here is my comments
1. If these homeowner have been deceived why hasn't any one of these homeowners filed a claim with the state contractors board? or any other agency in Nevada?
2. Del Webb keeps referring to these homeowners as elderly. My question is did Del Webb consider them elderly when they sold them defective homes?
3. Del Webb does not challenge our reports for being inaccurate, they challenge any contractor from being able to assist homeowners in finding code violations ... So, who is hurting the "elderly" (I surely would not use that word about the active community in Anthem... but Del Webb's lawyers love to use it).
4. This ruling will keep general contractors, engineers and architects from being able to help homeowners with regard to a chapter 40 claim. That means only a certificate holder with only 1% of the requirements for education, training and experience of a general contractor will be allowed to write a reports for chapter 40 claims ... again, who will be hurt by this decision? Not me, but the "elderly" homeowners that Del Webb says they are taking care of...
5. Now Del Webb wants the court to throw out claims against poor quality work because reports were provided by a state license general contractor are now being questioned. My thought is, why wouldn't Del Webb continue to help these homeowners no matter who wrote the report?
I think their lack of integrity is beyond belief.... let me try to give you an image to help you out... Del Webb screams to the judge "I should not have to fix these homes because these guys did not have a the right to tell on me..." "please make them go away, please" "they are hurting the elderly" ..
ABC hit show, Extreme Makeovers just tore down a home this week in Clark County that was just 12 years old because the home failed to meet the basic function of keeping a family safe.
It is my opinion that construction defect law suits is the only pressure that will cause builders like Del Webb from cheating homeowners ...
MC Mojave helps people receives what they paid for...
In Michigan, there are construction code defect cases too. There was a simultaneous Pulte/Sandstone Case, the judge ruled in favor of Pulte/Sandstone, then retired (wink, wink), then went to work for the lawfirm which represents Pulte and actually represented them in the Appeals court. How cozy is that?
http://courthouseforum.com/forums/thread...
Make sure you open MORE INFO in the upper right for the rest of the story.
http://www.youtube.com/watch?v=ZtPb1lFiK...
just for fun
http://www.youtube.com/watch?v=HgZ3Kf0zr...
http://www.youtube.com/watch?v=Mg-3HZ2ac...
LV 1 Team.
Do you work for them Del Webb & Pulte? Elderly abuse should be used against DW & Pulte. Not MC Mc John. DW & Pulte are the ones NOT making repairs under NRS 40, the so called "Right to Repair" law, which should be changed to the "Obligation to Repair."
You ask that Nevada Wake Up -- Fix Houses Fairly? I hope you have met this for DW Pulte?
Let me give you a history lesson. 10 Years ago or so, Dave Beck who was then head of Pulte Nevada responded to a number of my Construction Investigations on Pulte's Homes and Construction methods.
My Construction Investigations were funded by a consortium of Unions and Citizens Consumer Groups, called HORSE, Help Organize and Retrain Sub Contractor Employees. The Unions were offering to train non union contractors employees for free in their apprentice programs to help prevent construction defects. Builders declined.
While the Builders who were also investigated by myself and along with the Southern Nevada Home Builders Association, did everything in their power to discredit my reports. Only Dave Beck of Pulte responded. He took a proactive stand. Rather than find fault, he felt that if only 5% of my report was correct, that Pulte needed to make corrections. He began a proactive stance towards my reports and his buyers. He sent out every sub contractor noted and had them make repairs. This worked well until Dave Beck was promoted and moved out of Las Vegas. His successor gave lip service to the reports. Maybe addressing one or two items, while ignoring several more important issues. Finally they began just totally ignoring the reports all together causing homeowners to have to follow the guidelines listed into NRS 40 (incidently formulated by the Builders in the 2003 Legislature) and notify the builder of repairs needed by certified mail. If they failed to send a report by Certified Mail they were completely ignored, because the defense by the Builders that they had not complied with law. Pulte DW would reply by sending their experts out as required and file a report with a standard reply; "Not Observed" and sweep the issue under the carpet. NRS 40 requires the Builder to Respond in writing to every issue raised.
Pulte DW took a new stance, rather than reply to the homeowner, they just simply turned the report over to the Insurance Company, who in turn turned it over to their Attorneys. Now the homeowner was out gunned. They were forced to get an attorney, if they could find one to challenge the builders Attorneys. The homeowners were forced into a law suit.
Can 300 property owners all be wrong? Then why does Pulte DW run around and try to make side deals with home owners that if they drop out of the law suit, they will make the repairs. Why didn't they make the repairs in the first place?
Richard George Franklin
Licensed General Contractor #48180
Well I am licensed and just checking the contractors board website I see Mojave is also licensed I share many opinions with both sides of this issue. I have repaired a lot of crap work in town and see the need for construction defect suits, really I have worked in many Sun City homes, nothing suprises me there. I also see some of the shady side of this as indicated by the FBI investigation. There is a middle ground. I do think the inspector requirement thing is out in left field. The only way to overcome the requirement for a real estate inspector is to include a bid with the assesment of the structure which is legal for a B-2
I am not a contractor nor am I an inspector. I am however what you would commonly call a VICTIM of the powerful Army of lawyers that Del Webb employs to victimize the buyers of his shoddy construction work.
I am not just a single voice, I am one of MANY victims that have purchased a Del Webb home, only to later discover construction defects in the foundations and the floor slabs that do not have ANY Re-bar imbedded in them. Movement (or failures caused by the concrete "mix") in the poorly built foundations and slabs caused further damage in the exterior stucco walls.
Mcmc_john (above on 5/13/09) asked the question;
"If these homeowner have been deceived why hasn't any one of these homeowners filed a claim with the state contractors board? or any other agency in Nevada?"
If ANYONE out there can put me in touch with some one on the state contractors board who will actually document and protect my interests I will be more than happy to give them a $100 finders fee.
Who's kidding who? The State of Nevada's Ombudsman Board is impotent when it comes to homeowner complaints. It's a FACT that The State of Nevada allowed Del Webb to violate the NRS Statutes that are supposed to be imposed on a developer at the time of transition, so where do we go for justice?
Almost ALL of the Construction Defect Attorney Firms are too small and understaffed to take on the giant ARMY of lawyers employed by Del Webb, so where do we go for justice?
The Boards of Directors of the Del Webb communities are (shall we say) "influenced" by Del Webb in their decisions and agreements when considering Member benefits versus Developer benefits, so where do we go for justice?
There is only ONE agency big enough and powerful enough to deal with the "Deal Makers" when it comes to Muti-million dollar scams, like the construction defect issues that Del Webb has caused -- and that is the FBI.
Where the hell are they when you need them?