ERIE — The homeowners association that represents residents at Creekside in Erie Townhomes is suing the community's developer, Meritage Homes of Colorado Inc., claiming that 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, in a workmanlike manner, consistent with all construction drawings and documents, and in compliance with all applicable building codes." Meritage failed in this task, the 97-home HOA claims.
Specifically, the lawsuit alleges that construction included noncompliant overlot drainage, noncompliant management of concentrated flows, site structures inhibiting drainage, noncompliant inlet height, asphalt distress, concrete surface distress, settlement and erosion of soils, noncompliant clearance to hard surfaces at siding and trim, noncompliant clearance to sheet metal flashings, noncompliant clearance of siding and trim to grade, untreated cut ends of trim, noncompliant stapling of lath at exterior adhered masonry veneer, noncompliant isolation joints at dissimilar materials, noncompliant sheet metal flashings without end dams and/or positive slope, omitted or improperly installed sheet metal flashings, noncompliant diverter flashings at roof/wall intersections, noncompliant clearance from gutter end caps to exterior claddings, noncompliant roof ventilation, and improperly sized and/or attached gutters.
The HOA is demanding unspecified damages to "include the cost to repair, remedy or otherwise restore the above-listed defects to comply with the applicable standards including the standard of care, industry standards, workmanlike construction, all construction drawings and documents, all applicable building codes, and any requirements for the development to be fit for its ordinary purposes," the complaint said.
Additionally, Creekside owners claim their damages should include the "costs associated with tearing out 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, fenestrations, drywall, framing members, cabinets, tile, tubs, fixtures, bushes, trees, shrubs, rocks, landscaping materials, concrete flatwork, retaining walls, asphalt roadways, flashing material, weather-resistive barrier material, as well as any other building components of any kind."
Meritage, which did not respond to requests for comment Friday, breached its contractual duty to the HOA "by negligently, carelessly, tortiously, and wrongfully failing to use reasonable care in the design, development, construction, and/or repair" of the community, the lawsuit alleges.
Among the claims cited by the HOA are breach of contract, deceptive trade practices and negligence.
The case was filed April 27 in Boulder County District Court. It is Creekside in Erie Townhomes Homeowners Association Inc. v. Meritage Homes of Colorado Inc., case number 2022CV30247.
This article was first published by BizWest, an independent news organization, and is published under a license agreement. © 2022 BizWest Media LLC.
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