Do the 656 Coleman Townhomes, in Mount Pleasant, South Carolina, contain latent defects that are now causing problems for the owners and the Six Fifty Six Owners Association? The complaint for this class action claims that they do, and names a very long list of companies and individuals who worked on building the townhomes, in areas like construction, roofing, heating and air conditioning, painting, and so on.
The class for this action is all persons and entities who own a condominium within 656 Coleman Townhomes located in Mount Pleasant, Charleston County, South Carolina.
The complex contains fifty-two townhomes in twelve buildings with additional common areas. Construction started in 2006. The final Certificate of Occupancy was issued in June 2014, with the developers turning over full control of the complex to the Association in March 2016.
At that time, the complaint alleges, the townhomes contained latent defects. The complaint alleges, “A preliminary inspection of 656 Coleman Townhomes evidences failure of one or more components of the exterior building envelopes; water intrusion into and through the exterior building envelope; and resulting consequential damage to non-defective building components. Inspection also reveals failure of other various and sundry building components, with consequential damages resulting there from.”
It’s difficult to know, from the complaint, the real nature and extent of the damage. The above sentences are the primary description of the damage. The complaint does not go into detail about specific instances or locations of water intrusion or the other damage caused by it.
The complaint claims that the defendants are estopped “from pleading and tolling of applicable statutes of limitations,” “from pleading warranty obligation,” and “for pleading notice of opportunity to cure” because the owners and Association could not have discovered the defects because of their latency.
The complaint alleges negligence or gross negligence, for “failing to construct 656 Coleman Townhomes in accordance with building code, the plans and specifications, and good workmanship[,]”for “failing to construct an adequate exterior building envelope[,]” and for covering up their own defective work and the defective work of others[,]” among other things.
The second count alleged is breach of warranty.
The third count is aimed at specific defendants who supplied the products and materials used in the construction of the townhomes. The complaint alleges that these parties “have supplied and manufactured their products in a defective manner unreasonably dangerous to persons or property … which has resulted in repeated water intrusion into and damage to” the townhomes.