PHILADELPHIA – A Philadelphia couple have filed litigation against a Broomall contractor who they believe sold them a property rife with structural error and material issues, which later led to water infiltration at their residence.
Jared Rigby and Donna May Rigby of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Sept. 6 versus Can Impex USA, LLC, of Broomall.
On or about Sept. 16, 2015, the plaintiffs as buyers and defendant as seller, entered into an Agreement of Sale for a property on the 500 block of Mifflin Street in South Philadelphia. The parties settled on the property on or about Nov. 30, 2015, for the purpose of new residential construction.
As inducement for the sale, the defendant offered the plaintiffs a Builders Residential Limited Warranty, initially for one year and then extended in writing to five years.
After settlement, the plaintiffs immediately experienced water infiltration problems at the property, caused by what it claims were “inherent” defects, such as “defects in the pilot house, roof, windows, stucco, and drainage/storm water management systems," the lawsuit says.
“The various defects constitute structural error and material failures. Plaintiffs timely notified defendant of the water infiltration problems and defects. To date, defendant has refused and/or failed to remedy the structural errors and material failures. Due to the chronic issues with the property, plaintiffs have been displaced from the property, which is their residence, for significant periods of time. The plaintiffs have spent considerable sums to repair the property, and will continue to spend considerable sums in order to finish the necessary repairs,” the suit says.
For counts of breach of warranty, negligence, breach of implied warranty of workmanship and breach of implied warranty of habitability the plaintiffs are seeking damages not in excess of $50,000, and such other relief as this Court deems appropriate and fair.
The plaintiffs are represented by Eric S. Carroll in Radnor.
Philadelphia County Court of Common Pleas case 170900268
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com