ALBUQUERQUE, N.M. — Thirty homeowners from the Vista Vieja housing subdivision on the West Side are suing home builder D.R. Horton for what they say are multiple construction defects.
The plaintiffs in the lawsuit claim their homes have problems due to several poor installation and building practices, according to the lawsuit filed in state District Court in Bernalillo County.
D.R. Horton has not responded to a request for comment.
Among the problems alleged in the lawsuit are defectively installed stucco systems, inadequately designed foundations, exterior block walls that are cracking, leaning or separating and baseboards separating from walls and floors.
The suit claims D.R. Horton failed to follow acceptable building practices.
The plaintiffs lawyer, Brent Bailey, said his clients have incurred substantial amounts of property damage and that they believe D.R.
Horton to be in breach of contract.
“We found the same defects on homes throughout the subdivision,” Bailey said.
According to the Redfin Corporation real estate website, homes in the Vista Vieja subdivision range from $220,000 to $375,000.
“Everyone who buys a tract home has to sign up for an arbitration agreement, and we are attacking that as being unconscionable,” Bailey said. “We are also arguing for the application of New Mexico’s consumer protection law, the unfair practices act. We are doing this by saying this is construction services not real estate.”