Single Family Homeowners v. D.R. Horton
May 01, 2014OUTCOME: Arbitration Award, $428,452.48
In May 2014, Benson, Kerrane, Storz & Nelson (“BKSN”) received the final portion of $428,452.48 arbitration award against D.R. Horton, one of the nation’s largest homebuilders. I served as lead counse ... l on this case and, together with BKSN partner Jeff Kerrane, presented a three-day arbitration with opening statements, direct and cross-examinations, and closing arguments. Our clients, a couple who purchased their new Arvada home from D.R. Horton in 2007, started to notice cracks in their walls and problems operating doors and windows. After D.R. Horton made a repair to their home and the repair failed, the homeowners began to ask D.R. Horton more questions. Thereafter, D.R. Horton refused to fix the house, and instead, offered to make a cash payment to the homeowners in lieu of making the repairs. The homeowners attempted to negotiate with D.R. Horton to resolve the dispute, but D.R. Horton’s cash offers did not come close to the amounts needed to repair their home. After an unsuccessful mediation with D.R. Horton, the case proceeded to arbitration. After the arbitration was complete, the arbitrator awarded the homeowners a total of $428,452.48, including litigation costs, more than twice the greatest settlement offer made by D.R. Horton.
