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The lawsuit claims that KB Home constructed homes in the Twin Lakes and Wynbrooke subdivisions in Cary, North Carolina without a WRB underneath the exterior siding, in violation of the North Carolina Building Code. The Plaintiffs’ Complaint, Settlement Agreement, and other case-related documents are posted on the website, www.twinlakesclassaction.com.
The Settlement resolves the lawsuit. KB Home denies any and all wrongdoing of any kind whatsoever, and denies any liability to Plaintiffs and to the Settlement Classes. KB Home maintains that it properly constructed the homes and maintains that it complied with all applicable laws and regulations. The lawsuit does not allege that KB Home has caused anyone to suffer any personal injuries to date, and the Settlement does not include or release any personal injury claims or any unexpired express warranty claims under the terms of the KB New Home Limited Warranty Agreement.
The court has certified two groups of Class Members:
Class A: Includes all persons in North Carolina who owned a home on Mar. 15, 2012 and who still owned the home as of Nov. 10, 2016, in the Twin Lakes Homes or Wynbrooke Homes developments in Cary, N.C., and the home was constructed by KB Home without a weather-restrictive barrier behind the exterior veneer of HardiePlank cement fiber lap siding.
Class B: Includes all persons in North Carolina who owned a home on Mar. 15, 2012 in the Twin Lakes Homes or Wynbrooke Homes developments in Cary, N.C., constructed by KB Home without a weather-restrictive barrier behind the exterior veneer of the HardiePlank cement fiber lap siding, but who subsequently sold or transferred their ownership interest in the home.
Members of Class A may choose a one-time lump sum cash payment or apply for repairs to their home. The amount of the cash payment will be based on the original square footage of the home, and it is estimated that payments will range from $6,500 to $17,000.
Members of Class B may either choose a one-time lump sum cash payment of $3,250 or apply to receive a portion of the decrease in sale price that resulted from the disclosure to the buyer of the lack of a weather-restrictive barrier beneath the home’s exterior siding, for a payment of up to $12,000.
Proof of Purchase
Members of Class A who seek repairs must have their homes tested for moisture content. If the moisture content is below 30 percent, the amount of compensation may be reduced to account for the cost of the testing protocol.
Members of Class B may be asked to provide documentation about the sale price of their home indicating an actual disclosure about the lack of weather-restrictive barrier was made by the seller, proof that the buyer sought a price reduction due to the lack of weather-restrictive barrier, and the amount of sale price reduction.
NOTE: Claim Forms must be notarized.
Claim Form Deadline
To Be Determined. According to the settlement website, the Claim Form deadline will be 120 days from the Effective Date of the KB HOME class action settlement.
Elliott, et al. v. KB Home Raleigh-Durham Inc., Case No. 08-CVS-21190, in the General Court of Justice, Superior Court Division for the State of North Carolina, County of Wake
Daniel K. Bryson
Scott C. Harris
Gary E. Mason
WHITFIELD BRYSON & MASON LLP
Michael W. Knapp
Michael R. Pennington
Brian M. Rowlson
BRADLEY ARANT BOULT CUMMINGS LLP