Firm Scores Victory in Court for Montgomery County Homeowner

October 30, 2017

Hamburg, Rubin, Mullin, Maxwell & Lupin is pleased to announce that its lawyers have scored a very satisfying victory on behalf of a Montgomery County homeowner.

James Lee and Steven Lupin of HRMM&L represented homeowners who purchased a brand new house from the Cutler Group, Inc. for approximately $646,500 on April 30, 2007. Cutler promised our clients that their home was built by skilled tradesmen using modern techniques in accordance with the accepted industry practices of this area. Cutler further promised that the home was inspected by qualified inspectors prior to delivery. However, within thirty days after moving into their brand new home, the home began leaking. When the leaks continued, Cutler simply stopped responding, and refused to fix the problem.

Clients had their home inspected, and discovered that Cutler failed to use modern techniques in building their home’s exterior, and failed to even meet basic township building code requirements. As a result, the home’s exterior was prematurely failing and allowing bulk water intrusion. The cost to replace the entire exterior was estimated to be $161,700. Trial was bifurcated into a jury trial and a bench trial. The jury trial commenced on October 10, 2017 in Montgomery County with the Honorable Thomas P. Rogers presiding over the trial. On October 12, 2017, the jury returned a verdict in our client’s favor on all counts (breach of express warranty, breach of implied warranty of habitability, and breach of implied warranty of workmanship), and awarded us $161,700. 

This case was one of many that have been filed against the Cutler Group Inc.  One year ago, the Pennsylvania Attorney General sued The Cutler Group alleging that “the Plymouth Meeting-based home builder made misrepresentations to its customers by failing to provide weather-resistant new homes.”

Said Lee, “Nothing gives us greater professional satisfaction than to make a client whole after they have been duped by a commercial business. We are so pleased with the Court’s and jury’s decision.”

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