CANTON, OHIO: After a nearly three-week trial, the jury held Hostetler Heritage Homes, Ltd., its corporate successor, Hostetler Builders, LLC, and two individual members liable for fraudulent misrepresentation, failure to perform in a workmanlike manner, and breach of contract in connection with Hostetler Heritage Home’s design and construction of a Tudor-style home for Greg and Rosemarie Dean. The jury awarded $300,000 and denied Hostetler Heritage Home’s counterclaim for breach of contract, resulting in release of the mechanic’s lien for $42,868.65 previously filed by Hostetler Heritage Homes against the Deans’ residence.
After the Deans hired Hostetler Heritage Homes to build their dream home, the Deans alleged that they discovered numerous problems with the design and construction of the home, including failure to comply with residential building code provisions. The Deans alleged that Hostetler Heritage Homes failed to disclose these issues to the Deans, refused to correct them, and transferred its assets into a new corporation after its last day on the Deans’ site.
At trial, the Deans’ expert in architecture testified regarding the various deficiencies in construction and design, including Hostetler Heritage Homes’ failure to include flashing and weep holes in the brick veneer in order to prevent future water damage. Stark County’s Chief Building Official, Angela Cavanaugh, additionally confirmed that the residential building code requires installation of flashing and weep holes. Finally, the Deans’ financial and accounting expert testified regarding the financial transactions between Hostetler Heritage Homes and its corporate successor, Hostetler Builders, LLC.
Attorneys Lee Plakas, Edmond Mack, and Lauren Gribble of the law firm of Tzangas Plakas Mannos, Ltd. were honored to represent the Dean family in the multi-week trial.
For more information, contact TPM at (330) 455-6112, or visit www.lawlion.com
CONTACT: Lee E. Plakas, Managing Partner Attorney – Canton (330) 455-6112; Edmond J. Mack, Partner Attorney – Canton (330) 455-6112; Lauren A. Gribble, Attorney – Canton (330) 455-6112