Developer sued for alleged shoddy work

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This article was published 28/05/2024 (495 days ago), so information in it may no longer be current.

A Winnipeg couple are suing a residential developer and the City of Winnipeg, alleging their luxury home was shoddily built, leading to leaking windows and mould growth.

A lawsuit, filed May 6 in the Court of King’s Bench, claims a show home on Ike Kraut Place in Tuxedo “was not in fact built in accordance with the (Manitoba Building Code) and the building standards prescribed by the city.”

When possible construction deficiencies were raised with city officials, building inspectors didn’t bother to show up, the homeowners say.

Developer Artista Homes Ltd. denied the allegations Monday, saying it cannot comment further due to the pending litigation.

According to court documents, the couple took possession of the home in July 2022 and had been living there less than a year when they noticed issues with several windows that appeared to be warped and leaking.

After alerting Artista to the issue, the couple hired an independent contractor to inspect things further.

“The contractor … informed (the plaintiff) that the windows appeared to have been installed incorrectly and were insufficiently insulated,” the document says.

After removing drywall around one of the windows, the contractor discovered inadequate insulation, no vertical supports beneath the windows, an inadequate vapour barrier, condensation and “significant mould growth on the inside of the walls,” the document says.

An Artista inspector then visited the home and determined the issue was caused by incorrect setting on the home’s humidity-control system. The plaintiffs argued against this, pointing out the lacking insulation and that the humidity control was functioning properly, it says.

Artista representatives informed the homeowners the developers would not provide any warranty or investigate further.

A second inspector, this one working under the New Home Warranty Program of Manitoba, photographed the windows and submitted them to the City of Winnipeg’s Housing Inspections Branch for review.

A city inspector reviewed the photos but did not visit the home in person, the lawsuit says.

“The city inspector … noted that the spray foam in the window cavity stopped short of the wall face when it should have filled the entire cavity between the stud and the window jamb. Despite this deficiency, the city inspector stated that the window installation was acceptable to the city,” it says.

According to the claim, that determination voided the homeowner’s ability to access the New Home Warranty Program of Manitoba, leaving them to complete an estimated $50,000 worth of repairs on their own.

The couple also allege their children began complaining of respiratory issues around the time the mould was identified.

“By assessing the … claim based only on the photos without personally inspecting the house and without taking into account the severity and potential health risks of the house’s deficiencies, the city breached the standard of care owed to the (plaintiffs),” the lawsuit states.

The lawsuit is seeking at least $49,990 in damages, with additional compensation to be determined in court.

Neither Artista Homes nor the city have filed statements of defence.

The allegations have not been proven in court.

The City of Winnipeg said it was unable to comment on ongoing litigation.

tyler.searle@freepress.mb.ca