Wenholz | Dow Obtains Six Figure Award for Homeowners Mold Case By Dave Wenholz on March 23, 2022

Austin, Texas - On February 5, 2022, Wenholz | Dow, PC clients were awarded a six figure recovery for their construction defect claims brought against Taylor Morrison of Texas, Inc. and Taylor Woodrow Communities – League City, Ltd., and Taylor Woodrow Homes Houston (GP), LLC in a private arbitration.  The case was tried before arbitrator Clayton Cannon.   The arbitrator found that Taylor Morrison breached their Purchase Agreement because the home was not built to code.  This was one of dozens of cases brought against Taylor Morrison in the Mar Bella neighborhood in League City following the disclosure by the builder of numerous complaints of excessive humidity, moisture and mold in the neighborhood.

 

Plaintiffs’ home was designed and built by Taylor and their subcontractors and sold to Plaintiffs on or about December of 2016.  Plaintiffs’ home came with express and implied warranties, covering poor workmanship, plumbing, electrical, HVAC and structural problems.  The owners alleged that the home has numerous construction and design defects that cause unacceptable levels of moisture and water to develop in the Home’s attic and interior resulting in substantial mold growth throughout the Home.  More specifically, the homeowners argued and proved the design of the home was flawed and the construction failed to comply with the architect’s plans since soffit vents shown on the plans to vent the attic were not installed.  Additionally, the Plaintiffs proved that the construction violated code because the IECC requires an air infiltration barrier to be in direct contact with the thermal insulation of the house.  The plans of this home, as drawn, did not show a complete air barrier or vapor barrier.  The arbitrator found, “the house was to be built pursuant to the Plans for the Hawthorne model.  The Plans required the code to be followed and it was not.  Accordingly, Taylor Morrison breached the Purchase Agreement.

 

Taylor Morrison has built more than 1,000 homes in the Mar Bella subdivision including Plaintiffs’ Home.  Problems with Taylor’s homes in the community have abounded, leading it to be called “Mold Bella” in the media.  According to an October 2018 report by KHOU 11[1], Taylor Morrison has admitted “more than 100 homes in the community have experienced …similar issues.”  That roughly 10% of Taylor homes are contaminated by mold infestations was confirmed in a statement by Taylor Morrison’s communications Manger Jaclyn Gettinger to the Houston Chronicle.[2]

 

“The arbitrator, Mr. Clayton Cannon’s, award is a clear message to Taylor Morrison that they were responsible for problems with high humidity, excessive condensation and mold in this home.  Moreover, it acknowledges the builder failed to ever offer the homeowner a reasonable repair to address the insufficient ventilation and design of the home, despite offering a complete encapsulation of the attic and replacement of the HVAC system to dozens of other homeowners in the neighborhood.”

 

This case hopefully will prompt Taylor Morrison to repair these homes, rather than spend hundreds of thousands of dollars on experts and attorneys’ fees to protect themselves from justice.  Dave Wenholz, lead counsel for the homeowners recounted. 

David C. Wenholz and J. Luke Dow

Wenholz | Dow, P.C., Trial Lawyers

The team of attorneys at Wenholz | Dow, P.C., Trial Lawyers in Austin, TX, represents victims of car and truck accidents, construction accidents, defective products, and more. Our attorneys prepare every case with the intention of going to trial, and we do not settle for anything less than the best possible outcome for our clients.

Our lawyers are affiliated with the American Board of Trial Advocates and the Texas Board of Legal Specialization.

To request a consultation with our team, please fill out our online form or call (512) 478-2211.

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