Del Webb responds to defect suit, says inspectors misled

By Steve Green

Tuesday, May 12, 2009 | 12:40 p.m.

Developer Del Webb Communities Inc. is fighting back in a construction defect lawsuit filed by hundreds of Henderson homeowners in Sun City Anthem, charging the suit is related to the activities of unlicensed home inspectors whom Del Webb says stirred up and misled elderly residents.

In papers filed Monday in U.S. District Court in Las Vegas, Del Webb said the defect suit filed April 6 in Clark County District Court is related to what it calls the rogue business practices of home inspector M.C. Mojave Construction and two men associated with that firm, Charles Partington and John Wilson.

The April 6 defect suit was filed by attorneys with the law firm Angius & Terry LLP on behalf of 304 Sun City Anthem development. Del Webb is owned by construction giant Pulte Homes Inc.

In Monday's federal court filing, Del Webb seeks to move the defect case to federal court and associate it with its own federal lawsuit against M.C. Mojave, Partington and Wilson.

A federal judge last October issued a preliminary injunction against M.C. Mojave, Partington and Wilson after Del Webb complained they offered free home inspections to residents with the undisclosed goal of signing them up for construction defect lawsuits; and falsely claimed to be associated with Del Webb.

Del Webb complained in the existing federal suit against M.C. Mojave, Partington and Wilson they "solicited inspections and fomented ... construction defect claims against Del Webb by door-to-door canvassing, creating and maintaining a Web site and distributing hundreds of fliers and placards throughout Del Webb communities, including Sun City Anthem. Defendants' solicitations and statements were directed at and made to homeowners who are 60 years of age or older and are therefore defined as elderly under Nevada law."

"Through face-to-face solicitations, fliers, placards and maintenance of a Web site, their inspection reports and other communications, defendants intentionally misled homeowners into believing defendants were properly licensed and authorized under Nevada law to inspect residences and to make and communicate inspection reports," Del Webb alleged.

Del Webb also claims the defendants misled homeowners into believing they were associated with Del Webb, failed to disclose their financial relationships with law firms interested in filing construction defect suits and misrepresented that their inspections were free when they weren't.

Wilson, the suit charges, placed placards around Sun City Anthem because of the homeowners' senior age status and capitalized on their senior status with "overbearing sales tactics."

Mojave, Partington and Wilson have denied Del Webb's claims and say their role in dealing with the homeowners was to offer legal home inspections and information about the homeowners' options to have defects fixed.

"The type of inspections involved in this case, i.e., a builder's inspection and one geared towards identifying building code issues and code compliance, does not require certification or licensing under (Nevada law) and is properly undertaken by persons in the building industry and persons with knowledge and experience in identifying such issues," they said in a February court filing.

As for the placards, the defendants said they were not distributed during Mojave's initial inspections but only prior to Del Webb's inspections. "Plaintiff identifies no homeowners that were actually misled by this placard, nor do they account for the fact that these placards were utilized only after (defect) claims were initiated to provide advance warning that Del Webb home inspectors would be on the premises investigating claims," the defendants said.

The defendants also argue that while Del Webb says the majority of construction defect claims in Sun City Anthem are associated with inspections by the Mojave defendants, it does not allege that material in the inspection reports is false or inaccurate.

Mojave, also known as C D S Construction Design Specialists, was also sued along with Partington and Wilson by William Lyon Homes Inc. in March on allegations similar to those made by Del Webb.

The defendants have not yet filed court papers responding to the William Lyon suit.

"William Lyon Homes believes that in the course of initiating inspections, providing legal advice and referring matters to lawyers, Partington and Wilson made misrepresentations to homeowners which result in interference with William Lyon Homes' ongoing contractual relationships with the homeowners," that lawsuit charges.