Jury sides with townhome owners

November 8, 2013

Verdicts amounting to $5 million dollars have been awarded to the plaintiffs in an Oconee County civil trial that alleged construction defects at a Lake Keowee home development. Those verdicts were returned by a Common Pleas jury last night in favor of Stoneledge at Lake Keowee Owners’ Association and individual townhouse owners. The jury returned a finding of negligence on the part of the original developer, Bostic Brothers Construction, and two co-defendants—IMK Development and Marick Homebuilders. The verdicts for the plaintiffs also covered two other grounds—breach of warranty of workmanlike service against Bostic and Marick; and breach of fiduciary duty against IMK, Integrys Keowee Development, Rick Thoennes, William C. Cox, and Larry D. Lollis. The jury apportioned the award in the following manner: 60% negligence on the part of Bostic Brothers and 40% on the part of IMK and Marick. As for implied warranty of workmanlike service, the following percentages were apportioned: 70% against IMK and Marick and 30% against Bostic. It was a near two-week trial of the issues raised by the townhouse owners who complained of construction defects that led to water intrusion. There were concessions from parties on both sides that repairs were warranted. It came down for the jury to agree on which scope of repairs and the cost.

 

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