Judge is expected to decide this week on settlement between builder, homeowners.
 



NOBLESVILLE, Ind. -- A Hamilton County judge will decide the fairness of an estimated $24 million settlement proposed between more than 2,000 homeowners and an Indianapolis-area builder.

The class-action lawsuit was filed last year against Trinity Homes and parent Beazer Homes. Homeowners allege that houses built by Trinity have moisture, mold and other property damage due to improper construction techniques. Hamilton Superior Court 2 Judge Bernard Pylitt is expected to rule on the agreement this week.

The settlement provides for remediation of water-intrusion problems in the homes, said Richard E. Shevitz, one of the Indianapolis attorneys for the homeowners.

Shevitz spoke in support of the settlement during a court hearing Monday.

"These claims involved construction defects in the class members' homes," he said after the hearing. "For many class members, their home is their most important asset. And like most homeowners these class members wanted their homes to be repaired promptly and effectively, and that's what this settlement does for them."

About 2,040 homeowners are part of the settlement, and about 40 others opted out, attorneys said.

"It's a fair deal for both sides," said Trinity/Beazer attorney Michael Rosiello. "It does provide very substantial benefits to the class members, including a lot of benefits that they could not get even if they litigated the case successfully."

Under the agreement, homes will be individually assessed, and water problems caused by faulty construction will be fixed, he said.

The affected homes were built from 1998 to 2002 and range in price from about $125,000 to more than $500,000. They are located throughout the Indianapolis metropolitan area, particularly in Marion, Boone, Hamilton, and Hendricks counties.

Not everyone thinks the settlement is a good resolution, though.

Chris Bouwkamp, owner of a Trinity house in the hard-hit Brittany Chase subdivision near Zionsville, isn't part of the agreement.

Bouwkamp, who has moved out of his home and into an apartment, said Monday that he has filed his own lawsuit.
Bouwkamp says that Trinity cleaned his home, but tests showed that mold was still present. He says that it has made his family ill.

"They kept going back to 'we fixed you, we fixed you. We'll come in and fix you again,' " he said. "I'm going, 'look, I let you build the house. You built it wrong. I let you fix the house. You fixed it wrong. You're not coming back in. You either buy me back, or we come to some type of settlement.' "

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