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Condominium Townhomes Water Intrusion Defects Class Action

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The Six Fifty Six Owners Association, acting for the 656 Coleman Townhomes, and Robert John Nutley, the owner of one of the townhomes, are suing a long list of companies associated with the construction of the townhomes, claiming defects in the construction that have caused damage to the homes. This is a summary of the Second Amended Complaint in this case. 

The plaintiff class for this action is all persons and entities who own a condominium in the 656 Coleman Townhomes in Mt. Pleasant, South Carolina. 

Interestingly, the complaint also names a “defendant class” consisting of all persons and entities involved in the design, construction, material manufacture and/or supply, and/or repair of the 656 Coleman Townhomes in Mt. Pleasant, South Carolina. In the long list of named defendants are the developers of the townhome complex as well as the providers of such items as roofing, tile, HVAC systems, and garage doors.

The townhomes comprise fifty-two homes in twelve buildings plus common areas. The final Certificate of Occupancy was issued in June 2014, and the developers relinquished control to the homeowners in 2016. 

The complaint claims that the townhomes contained latent defects when the Certificates of Occupancy were issued. It argues that these defects have combined with other elements, such as weather, water intrusion, and other events to cause damage to non-defective components and property. The primary problem seems to be water intrusion through the exterior building envelope. 

The primary count, for negligence or gross negligence, levels a number of charges at the defendants. 

  • That the construction was not done “in accordance with building code, the plans and specifications, and good workmanship;”
  • That the companies did not properly supervise work on the construction or coordinate the work of the contractors;
  • That the building envelope was inadequate;
  • That the companies covered up their own and others’ defective work; and
  • That they did not make proper repairs. 

The second count is breach of warranty, the complaint says, in that there existed express and implied warranties that “the work would be performed in a careful, diligent and workmanlike manner and that 656 Coleman Townhomes would be … free from all defects and be of superior quality befitting of an upscale condominium complex.”

Finally, the complaint alleges that the companies have strict liability for the makers and suppliers of the various components of the townhome complex. The complaint claims, “The cost of altering the design, construction, and/or repair of the products supplied … was substantially less than the resulting damage, cost, and injury suffered by the Plaintiffs.”

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