Developer sued for alleged shoddy work – Winnipeg Free Press

A Winnipeg couple is suing a residential developer and the City of Winnipeg, alleging their luxury home was poorly built, leading to window leaks and mold 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 constructed in accordance with the (Manitoba Building Code) and building standards.” construction prescribed by the city.

When possible construction deficiencies were reported to city officials, building inspectors didn't bother to show up, owners say.

The developer Artista Homes Ltd. denied the allegations on Monday, saying it could not comment further due to ongoing litigation.

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

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

“The contractor … informed (the complainant) that the windows appeared to have been installed incorrectly and were not adequately insulated,” the document states.

After removing the drywall around one of the windows, the contractor discovered inadequate insulation, no vertical supports under the windows, inadequate vapor barrier, condensation and “significant mold growth at inside the walls,” the document states.

An Artista inspector then visited the home and determined that the problem was caused by an improper setting of the home's humidity control system. The plaintiffs challenged this decision, pointing to the lack of insulation and the proper functioning of humidity control.

Artista representatives informed the owners that the developers would not provide any guarantees or investigate further.

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

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

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

According to the claim, this decision voided the homeowner's ability to access Manitoba's new home warranty program, leaving him to carry out repairs worth an estimated $50,000 on his own.

The couple also claims their children began complaining of respiratory problems around the time the mold was identified.

“By evaluating the claim based solely on the photos, without personally inspecting the home, and without considering the severity and potential health risks of the home's defects, the City violated the standard of care owed to (plaintiffs) ” the lawsuit states. .

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

Neither Artista Homes nor the city has filed a statement of defense.

The allegations have not been proven in court.

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

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