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Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida

KB Home may be in breach of construction contract

KB Home is back in the news by virtue of recent complaints on the part of residents in the troubled Willowbrook condo community in East Manatee, Florida (see our prior post on Oct.11: "KB Home investigation could lead to construction litigation"). The homebuilder has had crews onsite at the development since mid-December to address construction flaws at the 272-unit complex. The issues include water intrusion and resulting mold problems, and could eventually lead to a breach of construction contract lawsuit.

Residents of the complex report extensive construction noise during weekdays between the hours of 8 a.m. and 5 p.m. Many of the residents are students, and are home at varying times throughout the day. The pace of the work has been slow, however, due to the fact that the contractors are having to complete investigative studies as they progress, in order to address concerns over why the structures failed to operate properly in the first place.

KB Home has issued a statement to residents expressing their dedication toward correcting the construction flaws. However, many residents have lost confidence in the homebuilder. The Florida Department of Business and Professional Regulation has completed an investigation of the company and found unspecified violations, which adds to the concerns of residents living through the noise and debris of construction.

Several of the disgruntled Florida homeowners have recently won seats on the Willowbrook Condo Association, and now hold a majority. This shift could lead to a renewed push by KB to remediate the issues. The eventual outcome in similar situations is often a lawsuit for breach of construction contract, a scenario that the builder likely is trying to avoid.

Source: Bradenton Herald, "Repairs under way at East Manatee's Willowbrook development, but homeowners still angry," Sara Kennedy, Jan. 3, 2013

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