LovelandPolitics.com
Click here to comment on the blog
Loveland Residents of Greenbriar Neighborhood Sue
KB Homes For Over $6 million
Building experts have discovered horrific negligence and gross
building code violations - where was the City of Loveland?
Loveland - Feb. 28, 2008

The Lawsuit

Loveland homeowners are suing national homebuilder KB Homes plus two local
construction firms are involved (as 3rd party defendants) for allegedly ignoring local
building codes while building substandard, unsafe and faulty homes in Loveland.  
Experts retained on behalf of the plaintiffs have uncovered a nightmare of building code
violations along with substandard building practices, according to the lawsuit filed last
year in the Larimer County District Court by the Greenbriar Home Owners
Associations here in Loveland.

Click here to see a copy of the original court filing

Many first-time home buyers who purchased a KB Homes in Loveland in the early
2000's have seen not only their property values drop precipitously but also their homes
literally falling apart.  Leaky roofs, siding falling off and even interior water pipes
freezing are just a few of the problems owners of these properties have reported to
their HOA.  

The general allegations of the complaint state;

"The Paired Units Association and the Townhome Association have been seeking to
address complaints of property damage from various construction defects throughout
their communities.  The damage primarily relates to improper siding installation and site
drainage but also includes, by way of example, leaking roofs, heaving and sinking
concrete, and damage to siding and trim.  Upon information and belief, these damages
and others as will be proven at trial are the result of Defendants' wrongful conduct
during the construction and sale of the homes and common property."

A number of local builders and individuals have also been named in the case either as
third party defendants or as defendants.  Three of the original HOA board members
appointed by the builder are also named as defendants in the lawsuit.  They are being
accused of failing to act in the resident's best interest as  HOA board members
appointed by the builder (Brock Chapman, David Siler and Michelle Lee) owed a
fiduciary duty to the homeowners to act in their best interest but failed.


Problems Of A City Council Controlled by Developers

While young families were struggling to pay expensive repairs caused by construction
defects in their newly constructed KB Homes, the Loveland City Council was taking
action to impose eminent domain on other property owners in order to facilitate yet
another KB Homes development off of Taft Avenue.

Distraught homeowners were unable to get assistance from the city and exhausted all
other avenues in trying to get the builder to honor warranties both implied and written.  
Eventually, the HOA's representing the distraught and overly burdened home owners
stepped-in and retained Benson & Assoc. to file the lawsuit in an attempt to remedy the
crisis many people dwelling in the homes experienced from the first days they had
moved-in to their new homes.

Currently the defendants have asked to have their experts also review the properties.  If
the two parties fail to reach an agreement regarding the true extent of the problem and
cost of a remedy than the matter will likely be scheduled for a court date in Spring.

Settlement Likely - Homes To Get New Siding and Possibly Roofs

Some involved in the case believe a settlement is likely in the next month.  The
homeowners are looking to get new vinyl siding among many other improvements if the
suit is settled.  
Interior gypsum
wallboard used for
exterior sheathing
All Units Tested
Siding installed without
placing "building paper"
below siding
All Units Tested
Siding fasteners
incorrectly spaced
All Units Tested
Missing or improper
window flashing, sealing
or nailing
Some Units
Siding fasteners not
secured to furring or
framing
Some Units
Vinyl Siding Problems
Among the largest repair expenses will be to
replace all the siding on every unit.  Building paper
is required by the City of Loveland under all vinyl
siding but was apparently not used on any of the
buildings.  Below is a table of the most common
architectural problems experienced on the exterior.
Roofing Problems
According to the experts who inspected the
roofing for the plaintiffs, the rake flashing was
inadequate, slope in the roof valley and other
fundamental roofing problems were identified..
Zero slope at valley
Nearly every house
inspected
Valley shingles reversed
Nearly every home
inspected
Kicker omitted
All homes inspected
Shingle nail driven
below surface of the
shingle
Few homes inspected