Home > News > Multi-Million Dollar Construction Defect Verdict Reversed
MULTI-MILLION DOLLAR CONSTRUCTION DEFECT VERDICT REVERSED
The Nevada Supreme Court reversed a multi-million dollar construction defect award after determining that the case was ineligible for the previously granted class-action status.
In this case, homeowners sued Beazer Homes for defects in their Las Vegas homes allegedly caused by improperly addressed adverse soil conditions. After a lengthy trial, the homeowners were awarded millions of dollars in damages, attorneys' fees, and costs. However, in response to the high award, the defendants petitioned the Supreme Court for review on the issue of whether the lower court should have granted plaintiffs class status in the first place.
During Supreme Court arguments, defendant Beazer Homes argued that the suit did not quality as a class action case. The homeowners argued that their class-action status was correctly applied.
In the end, Justice Jim Hardesty opined that "because single-family residence constructional defect litigation often raises diverse, individualized claims and defenses, we conclude that, generally, the requirements for class action certification cannot be met" [in this case]. The Supreme Court ruling called for new trials on ALL issues.
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Related Attorney(s):
Todd R. Howell
Related Practice Area(s):
Real Estate and Construction Law
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LOS ANGELES ORANGE COUNTY VENTURA/OXNARD CENTRAL COAST
BAY AREA SACRAMENTO LAS VEGAS RENO PHOENIX
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