The homeowners association that represents Creekside residents at Erie Townhomes is suing the community’s developer, Meritage Homes of Colorado Inc., claiming the builder failed to meet certain construction quality standards.
The lawsuit, filed this week in Boulder County District Court, argues that Meritage was responsible for ensuring that Creekside “was designed, constructed and repaired without negligence, in accordance with all industry standards, of professional manner, in accordance with all construction drawings and documents and in compliance with all applicable building codes.” Meritage failed in this task, says the HOA of 97 Homes.
Specifically, the lawsuit alleges that the construction included improper overlot drainage, improper management of concentrated runoff, site structures preventing drainage, improper entry height, asphalt degradation, degradation concrete surface, soil settling and erosion, improper clearance to hard surfaces at sheathing and trim, improper clearance to sheet metal flashing, improper clearance to siding and trim at grade , untreated cut ends of trim, improper stapling of battens to bonded exterior masonry veneer, improper insulation joints to dissimilar materials, improper sheet metal flashings without end dams and/or positive sheet metal flashings omitted or improperly installed, kick-off flashings not conforming to roof/wall intersections, non-conforming clearance between gutter end caps and exterior coverings, wind Non-conforming roof installation and badly sized and/or badly fixed gutters.
The HOA is seeking unspecified damages to “include the cost of repairing, repairing, or restoring the defects listed above to conform to applicable standards, including standard of care, industry standards, workmanlike construction, all construction drawings and documents, all applicable building codes, and all requirements for the development to be fit for its ordinary purposes,” the complaint states.
Additionally, the owners of Creekside claim that their damages should include “costs associated with the ripping out of adjacent building materials to correct the defects and damages listed above,” according to the complaint. “These could include, but are not limited to, exterior veneers, siding, roofing components, penetrations, fenestration, drywall, framing members, cabinetry, tile, tubs, light fixtures, bushes, trees, shrubs, rocks, landscaping materials, concrete earthworks, retaining walls, asphalt pavements, flashings, weatherproof barrier materials, as well as any other construction element of any kind.
Meritage, which did not respond to requests for comment on Friday, breached its contractual obligation to the HOA “by negligently, negligently, tortiously and wrongfully failing to exercise due diligence in the design, development, construction and / or reparation” from the community, the lawsuit alleges.
Among the claims cited by the HOA are breach of contract, deceptive marketing practices, and negligence.
The case was filed April 27 in Boulder County District Court. This is Creekside in Erie Townhomes Homeowners Association Inc. v. Meritage Homes of Colorado Inc., File Number 2022CV30247.
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