CONSTRUCTION DEFECT CLASS ACTIONS

Buying a home is usually the most significant purchase in a person's life. When there are problems or defects that are discovered after that purchase, it is not only costly but also traumatic because people have to live in their homes every day. We seek to protect persons' homes and hold builders, sub-contractors and architects accountable for the errors they created. Construction defect litigation poses unique legal challenges because of complex engineering and architectural issues frequently addressed through experts and other professionals. Shabel & DeNittis focuses on mass construction defects that effect hundreds and even thousands of homes in communities throughout the Delaware Valley. Shabel & DeNittis has been the leader in prosecuting such cases and has successfully litigated more class action construction defect actions than any other firm in the state, including the following landmark cases:

$1,400,000 - Melnick & Roberts V. Orleans Homebuilders, Inc - Docket No. BUR-C-152-01

A $1,400,000 valued settlement on behalf of 3,721 homeowners who reside in town homes and condominiums throughout Mt. Laurel, New Jersey. This settlement included Orleans providing carbon monoxide detectors to each class member; two (2) years of inspections for each class member's home; and repairs of any construction defects in each class members' utility room. Allegations by the class members' complaint included construction defects and consumer fraud. March 2003.

$342,000 - Felderstein et. al V. Orleans Homebuilders, Inc. - Docket No. BUR-L-479-02

A settlement with defendant, Orleans Homebuilders, Inc., for a class of 57 homeowners in the Laurel Creek development in Mt. Laurel, New Jersey. The members of the class alleged that there was a construction defect when the homes were constructed. The class members alleged that Orleans negligently constructed the homes when it failed to place flashing around the bay windows of their homes which led to substantial water damage. February 2003.
Repair of 3,000 Gas Meters

Barkers V. Public Service Electric & Gas (PSE&G) et. al

A settlement was reached between a putative class of homeowners and PSE&G wherein PSE&G agreed to either intall excess flow valves or place cement protective bollards to approximately 2,800 residential and commercial meter sets located throughout the State of New Jersey pursuant to a Work Plan that was filed with the Board of Public Utilities. Plaintiffs alleged that PSE&G negligently placed meters in a dangerous condition, in close proximity to persons' driveways, garage doors or parking areas. As a result of the efforts of Shabel & DeNittis, P.C. in pursuing this case, the Board of Public Utilities proposed new rules and regulations in December of 2004 prohibiting any new or existing gas meters from being installed within 3 feet of any garage door, driveway or parking area in the State of New Jersey. June 2004.
Inspection and Repair of 996 Town homes

Schmoll v. J.S. Hovnanian, Docket Number BUR-C-141-02

A settlement was reached with homebuilder J.S. Hovnanian & Sons on behalf of 996 homeowners who reside in single family homes throughout Mt. Laurel, New Jersey. The settlement is a result of a three year litigation which sought needed inspections and repairs of class members homes due to alleged construction defects. The case settled after four days of trial. Specifically, the settlement included Hovnanian paying Mt. Laurel Township Code Officials to conduct inspections of 996 homes located in the Holiday East Village development of Mt. Laurel to check for construction defects dealing with alleged ventilation deficiencies involving persons' utility rooms where the gas appliances are stored. Any homes found to not meet the Uniform Construction Code requirements are to be repaired by defendant Hovnanian. Allegations in the class members' complaint included construction defects, breach of implied warranty of habitability, consumer fraud and violations of the Uniform Construction Code. September 2005.

Rapone & Delia v. Gibraltor Construction and Weathervane , Docket Number GLO-L-656-08 - pending

Shabel & DeNittis, P.C. is lead counsel in the case Rapone & Delia v. Gibraltor Construction and Weathervane LLC ("Gibraltor"). The Gibraltor action, was brought on behalf of 65 homeowners who own Westwind model homes constructed by Gibraltor Construction. The action alleges that Gibraltor constructed plaintiffs home with several common construction defects resulting in substantial water infiltration damage to all class members homes. The action seeks defendants to inspect and repair the defects in the homes. The cost of inspection and repair of class members' homes is estimated at this time to be at least $3,000,000.