Homeowners Achieve $13 Million Arbitration Win

Attorneys relied on expert testimony, client commitment against prominent builder

The Conservatory at the Plains homeowner’s association in east Aurora received in excess of $13 million as an arbitration award earlier this month, winning a three-year battle against KDB Homes, a subsidiary of Texas-based D.R. Horton Continental Homes, a national home construction company, for the improper design, construction and transfer of the community’s underdrain system that affected more than 1,200 homes.
The HOA’s attorneys believe the award is one of the largest residential construction defect arbitration awards in Colorado.
“To our knowledge, this is certainly one of the largest (awards) we’ve ever seen,” said Duncan Griffiths of Golden-based Benson Kerrane Storz & Nelson. Griffiths, who worked as lead counsel on the case, representing the HOA and its community added that “the only caveat being that not all arbitration awards are public or announced.”
THE CASE
In 2014, a homeowner within the community reported a flooding incident to the HOA where hundreds of gallons of water surged up from a sump pit that was supposed to be drained through an underground drainage system.

To read this story and other complete articles featured in the April 17, 2017 print edition of Law Week Colorado, copies are available for purchase online.