North Carolina KB Home Class Action Settlement

KB Home Raleigh-Durham Inc. has agreed to settle a class action lawsuit alleging it violated North Carolina law by constructing certain homes without including a weather-resistant barrier under the exterior siding.

If you owned a home constructed by KB Home in the Twin Lakes Homes or Wynbrooke Homes developments in Cary, N.C., as of Mar. 15, 2012, you may be entitled to benefits from the KB Home class action settlement.

If approved, the KB Home settlement will resolve a class action lawsuit filed in December 2008 by plaintiffs Mark Elliott, Tor and Michelle Gabrielson, and Michihiro and Yoko Kashima.

The plaintiffs asserted claims for breach of contract, breach of express and implied warranties, negligence and negligence per se, unfair and deceptive trade practices, violation of applicable building codes and negligent misrepresentation.

The KB Home class action lawsuit alleges KB Home improperly constructed certain homes in the Twin Lakes Homes or Wynbrooke Homes developments by failing to install a weather-resistant barrier under HardiePlank siding when building homes in those subdivisions.

The plaintiffs claim that they have experienced water damage to their homes due to the lack of weather-resistant barrier under the exterior siding.

KB Home denies any wrongdoing and maintains that it properly constructed the homes and that it complied with all applicable laws and regulations. However, KB Home has agreed to settle the class action lawsuit to avoid the cost and risk of further litigation.

Class Members who wish to exclude themselves from or object to the KB Home class action settlement must do so no later than Mar. 13, 2017.

Who’s Eligible

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.

Potential Award

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

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

9/15/2017   UPDATED

Case Name

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

Final Hearing

4/11/2017

UPDATE: The court granted the North Carolina KB Home settlement final approval on April 17, 2017.

Settlement Website

www.TwinLakesClassAction.com

Claims Administrator

Twin Lakes Settlement Administrator
1801 Market Street, Suite 660
Philadelphia, PA 19103
TwinLakes@AdministratorClassAction.com

Class Counsel

Daniel K. Bryson
Scott C. Harris
Gary E. Mason
WHITFIELD BRYSON & MASON LLP

Defense Counsel

Michael W. Knapp
Michael R. Pennington
Brian M. Rowlson
BRADLEY ARANT BOULT CUMMINGS LLP