Homeowners Awarded $8.1 Million for Defects

In what was believed to be the largest award in a construction-defect case in San Diego, a Tierrasanta homeowners’ association has won an $8.1-million judgment against a builder, who, in the jury’s opinion, constructed homes that were unlivable and unsafe.

The verdict, amounting to $162,000 for each of the 50 single-family homes, was delivered Tuesday to El Cajon Superior Court Judge Dennis Adams and announced by the homeowners’ association Thursday.

The action against Christiana Community Builders was first filed in March, 1985, and may be appealed, attorneys said.

At issue in the suit were leaky roofs, poorly compacted soil, inadequate foundations and substandard attic framing that homeowners in the Villa Dominique Courts residential development in Tierrasanta say were caused by Christiana.

The homes were constructed from 1978 to 1980 on Mayita Way, Oporto Court, Oporto Place, Ocana Street and Quito Court and, according to the lawsuit, were beset by leaky roofs almost immediately. Christiana agreed to make repairs until late 1984, but ignored all requests after that, the suit alleged.

“We expected Christiana to honor their contractual obligation,” said Jim Price, president of the homeowners’ association since 1985. “What we got were bubble gum and Band-Aids. Nothing they did made our homes livable.”

“Elated? Very much so,” said J. Michael Reed, the lawyer for the homeowners. “The verdict was a little bit better than we expected.”

Reed said he believed that the outcome of the case hinged on the testimony of expert witnesses, such as architects and soil experts, who said the homes would suffer extensive damage in the event of an earthquake greater than 6.0 on the Richter scale.

“The jury told us our architectural expert came across as the most honest person they’d ever met,” Reed said. “Whereas, they said the soils person for the other side was not credible. They said even his body language gave him away.”

Reed said symptoms of the damage included water leaking into the home “every time it rained,” in addition to cracks in the foundation slabs, “entire roofs having to be replaced,” and so on.

Price, the president of the homeowners’ association, said, “The problems were so bad that many owners sold their homes and left the area.”

Reed said that, if the decision is not appealed, money could be awarded to the plaintiffs’ fund within 60 days, with improvements commencing almost immediately.

Executives with Christiana were unavailable for comment.