Construction Defect Issues with Brookfield Montecito Homes

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irvine2008

New member
I am interested in hearing from anyone dealing with this issue and what steps, if any, you've taken to address them.
 
I am aware that some owners have experienced problems with:

(1) improper construction of the common walls and the footings to these walls, which in turn led to soil movement and water seepage through and under the walls, which in turn then led to the walls themselves moving and threatening personal injury.

(2) water accumulation in backyards due to failure to install drainage pipes or install the pipes properly;

(3) shifting/sinking walls due to failure to properly wet the ground deep enough and long enough to allow for proper settling before building the homes;

(4) failure on Brookfield's part to correct these issues in homes that had landscaping completed prior to move in as they didn't want to have to incur the expense of replacing the landscaping after correcting the problems caused during construction.

 
Whoa.. those are serious problems.. moving walls?  This would be covered under warranty, no? 
 
Yes, those issues are covered under the warranty and any builder would have an obligation to correct. There is also Cal. Civ. Code Secs 895 et seq. which also protects homeowners dealing with such issues.

There is information out there that these problems have occurred in Brookfield Montecito homes and that Brookfield has been resistant to and in some cases refused to correct the problems and have in fact blamed the individual homeowner(s). I am aware that some homeowners have gotten nowhere with attempts to get Brookfield to honor the warranty and correct the problems and have had no choice but to sue.

I am interested in hearing from anyone who has direct experience with these issues or has heard about these issues and any learning any details about these situations.
 
irvine2008 said:
Yes, those issues are covered under the warranty and any builder would have an obligation to correct. There is also Cal. Civ. Code Secs 895 et seq. which also protects homeowners dealing with such issues.

There is information out there that these problems have occurred in Brookfield Montecito homes and that Brookfield has been resistant to and in some cases refused to correct the problems and have in fact blamed the individual homeowner(s). I am aware that some homeowners have gotten nowhere with attempts to get Brookfield to honor the warranty and correct the problems and have had no choice but to sue.

I am interested in hearing from anyone who has direct experience with these issues or has heard about these issues and any learning any details about these situations.
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Consider hiring a consumer rights attorney to file a class action lawsuit on behalf of all Montecito home owners.

 
Try the law firm of Milstein Adelman, LLP for construction defect litigation:

http://www.maklawyers.com/index.php?option=com_content&view=article&id=47&Itemid=92

Good luck.
 
Did you get a letter to join a class action suit for these defects?  Sounds like they copy and pasted from my Brookfield class action lawsuit for Treo units...
 
No.

Are you involved in an action against Brookfield for similar issues with other developments? If so, what has your experience been with getting Brookfield to take responsibility for these problems?
 
I remember talking to a mom at a soccer game re: their new (at the time brand new) Montecito home.  They paid over 800K with upgrades and she said that their house was tilted (kinda like the tower of pisa but not as bad). 

She wasn't sure if there was anything she could do to get it fixed since it is such a major flaw.  She also said that she already saw cracks going through one of her walls and thought it had to do with the tilting of the house.
 
There is something she can do: sue Brookfield for, at the very least, (1) Strict Liability; (2) Negligence; (3) Nuisance; and (4) Breach of Contract. There is no reason why a recently built home should have this type of problem.

This is one of the complaints I've heard from others in the Montecito homes: Brookfield failed to wet the ground long enough and deep enough for the soil to settle properly - they were in too much of a hurry to build and sell the homes so they could get their cash out of the investment as quickly as possible - and this has resulted in myriad structural issues with these homes.
 
irvine2008 said:
No.

Are you involved in an action against Brookfield for similar issues with other developments? If so, what has your experience been with getting Brookfield to take responsibility for these problems?
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I was (I guess still am) part of a class action lawsuit against Brookfield for construction defects for their Treo units.  I actually had a really good buying experience with them and their finishes and attention to detail was great, I had no complaints.  I don't have any cracks in my interior walls but do have a couple other problems:

- The courtyard pillars have cracked and finish has chipped off in multiple places
- Some of the stucco walls have cracks in them in the exterior courtyard
- For the calking between my countertops and backsplash in the kitchen and bathrooms, I can noticeably see cracking most of the way around.  I'm honestly not sure if this is due to a poor foundation laying or a normal shift of the property. 

Build date is January 2006. 

Latest on my case is that a judge has ruled it baseless, but the letter from the law firm said that they are going to appeal and are optimistic that ultimately they will win the case (wishful thinking on the lawyers part).  That letter came about 3-4 months ago and I've heard nothing since.
 
Everything you mention here seems like regular settling in issues. In fact many of this cosmetic caulking stuff you mentioned
including few nail pops etc were fixed by them at the end of the 1st year walkthrough.

I had similar good experience with them as mentioned by you during the sale process.

Recently during one of the big downpurs during april there was a leak in a window.
This was in one of the bigger windows upstairs with double panel. the water from that showed up
through the window downstairs right below.
They were there in 2 days, inspected and arranged a water check. the issue was identified and
fixed within a week. Almost after 2 years of purchase. Although it is their responsibility, I was
still surprised at the prompt response in a weeks time.

aquabliss said:
irvine2008 said:
No.

Are you involved in an action against Brookfield for similar issues with other developments? If so, what has your experience been with getting Brookfield to take responsibility for these problems?
Click to expand...

I was (I guess still am) part of a class action lawsuit against Brookfield for construction defects for their Treo units.  I actually had a really good buying experience with them and their finishes and attention to detail was great, I had no complaints.  I don't have any cracks in my interior walls but do have a couple other problems:

- The courtyard pillars have cracked and finish has chipped off in multiple places
- Some of the stucco walls have cracks in them in the exterior courtyard
- For the calking between my countertops and backsplash in the kitchen and bathrooms, I can noticeably see cracking most of the way around.  I'm honestly not sure if this is due to a poor foundation laying or a normal shift of the property. 

Build date is January 2006. 

Latest on my case is that a judge has ruled it baseless, but the letter from the law firm said that they are going to appeal and are optimistic that ultimately they will win the case (wishful thinking on the lawyers part).  That letter came about 3-4 months ago and I've heard nothing since.
Click to expand...
 
On the issues with TREO, I have to agree; all of these issues sound like normal settling and cosmetic issues that should have been addressed at the end of the first year.

 
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