Bucks County Court awards $21,232.13 in delay damages against Cutler

Filed under: Stucco Home Litigation by Steven F. Fairlie @ June 23, 2013

We recently won an award of $150,000.00 against The Cutler Group, Inc. d/b/a The David Cutler Group from a Bucks County Jury for defective stucco construction under the theory that the manner of construction breached Pennsylvania’s Implied Warranty of Habitability, which is implied in every new home sale in Pennsylvania. In another case, which is now on appeal to the Pennsylvania Supreme Court, we made new law in Pennsylvania to extend the Implied Warranty of Habitability to subsequent purchasers of those new homes, under the theory that homeowners have no way of verifying the structural integrity of a home and, as between the builder or the homeowner, the builder should bear the burden of material defects.

Now, most recently, we got an award from the Bucks County Court of Common Pleas of delay damages. Delay damages are assessed against a defendant which does not acknowledge the strength of a case by offering what the case is worth under certain circumstances. In this case, the Court found that Cutler had delayed enough to warrant imposition of $21,232.13 in delay damages, added to the jury’s award of $150,000.00, for a total molded award of $171,232.13. If you are living in a defective stucco home in the Philadelphia suburbs please call our office to discuss your rights and any remedies that may be available to you.

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