Tonya Davis, et al. v. Advantage Home Builders, Inc.

Parties Involved

  • Plaintiff: Tonya Davis | Kevin Davis
    • Counsel for Plaintiff: Neil Patrick O’Brien
  • Defendant: Advantage Home Builders, Inc.
    • Counsel for Defendant: Albert T. Franson

Verdict Information

  • Verdict date: June 17, 2024
  • Total damages awarded to the Plaintiff: $140,232.53

About the Case

Cause

Tonya and Kevin Davis owned the property at 323 Candlebark Drive, Jacksonville, Florida. Advantage Home Builders, Inc. (Defendant) was a Florida corporation that had built Plaintiff’s home in Duval County.

The Plaintiffs entered into a contract with the Defendant to construct their home according to specific plans and Florida Building Code provisions. The Defendant submitted a building application, received a permit, and constructed the home. On August 14, 2009, the Defendant conveyed the property to the Plaintiffs by Corporate Warranty Deed.

After construction, the Plaintiffs observed design and construction deficiencies, notably an inadequately installed stucco system. A licensed engineer inspected the home and confirmed the defective stucco system and other issues. Plaintiffs seek damages for defects and deficiencies in the home’s construction, which violated local and state building codes.

The Defendant, through its subcontractors, improperly installed the stucco system, violating the Florida Building Code and ASTM standards. The defects were not easily recognizable by the Plaintiffs, as they were hidden or latent. The Plaintiffs filed a lawsuit against the Defendant alleging Florida Building Code violations.

Count I of the lawsuit claimed a violation of Section 553.84, Florida Statutes, which allows for action against parties violating the Florida Building Codes Act. Defendant had a duty to comply with all building codes but failed, leading to construction defects, including cracks in the stucco, improper flashing, missing accessories, inadequate clearance for termite inspection, and improper installation of control joints and metal lath. These violations caused significant damage to the Plaintiffs. Count II of the lawsuit alleged breach of contract by the Defendants.

Injury

The Defendant breached the contract by violating Florida Building Code requirements and other mandatory statutes while constructing the home. Consequently, the home suffered damages not only to the exterior stucco but also to the underlying wire lath, paper backing, water-resistant barriers, sheathing, interior walls, interior floors, and other property. These construction defects and violations directly and proximately caused the Plaintiffs substantial damage. The defects significantly reduced the home’s value and required extensive repairs and renovations.

Damages

Tonya A. Davis and Kevin Davis demanded a jury trial on all triable issues. They sought recovery for damages caused by the improper design and construction of their home. These issues resulted in numerous defects and deficiencies in various systems and components, violating local and state building codes. The Plaintiffs requested the Court to enter a final judgment against the Defendant for the specified damages, along with interest, costs, and any other relief deemed appropriate.

Jury Verdict

On June 17, 2024, the Florida jury returned the verdict in favor of the Plaintiffs. The jury found that Defendant Advantage Home Builders had committed multiple Florida Building Code violations, thereby causing damages to the Plaintiffs. Accordingly, the jury awarded $140,232.53 in damages to the Plaintiffs.

Court Documents:

Available upon request