October 30, 2017
Hamburg, Rubin, Mullin, Maxwell & Lupin announces that its lawyers have scored a very significant victory on behalf of a Montgomery County homeowner.
Jim Lee, Esquire and Steven Lupin, Esquire of HRMM&L represented homeowners who purchased a brand-new house from the Cutler Group, Inc. for approximately $646,500 on April 30, 2007. Testimony was that the builder promised our clients that their home was built by skilled tradesmen using modern techniques in accordance with the accepted industry practices of this area.
Testimony was that the builder further promised that the home was inspected by qualified inspectors prior to delivery. However, within thirty days after moving into their brand-new home, testimony demonstrated that the home began leaking. When the leaks continued, Cutler Group simply stopped responding, and refused to fix the problem.
The clients had their home inspected, and testing revealed that Cutler Group failed to use modern techniques in building their home’s exterior, and failed to even meet basic township building code requirements. As a result, the home inspector testified that the home’s exterior was prematurely failing and allowing bulk water intrusion. The cost to replace the entire exterior was estimated to be $161,700. The jury trial commenced on October 10, 2017 in Montgomery County with the Honorable Thomas P. Rogers presiding over the trial. On October 12, 2017, the jury returned a verdict in our client’s favor on all counts (breach of express warranty, breach of implied warranty of habitability, and breach of implied warranty of workmanship), and awarded $161,700.
This case was one of many that have been filed against the Cutler Group Inc. One year ago, the Pennsylvania Attorney General sued The Cutler Group alleging that “the Plymouth Meeting-based home builder made misrepresentations to its customers by failing to provide weather-resistant new homes.”
Said Jim, “Nothing gives us greater professional satisfaction than to make a client whole after a business fails to fulfill its promises. We are pleased with the jury’s decision.”View File