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Port Perry Star, 11 Nov 1997, p. 18

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| | r--__--_ 18- PORT PERRY STAR - Tuesday, November 11, 1997 "Scugog's Community Newspaper of Choice" Township named in $6 million suit by Po From page 1 of 96 residents in the sub- division, south of Hwy. 7A. The suit seeks $5 million in compensatory damages and another $1 million punitive or exemplary damages for the home own- ers, who allege that their homes, built between 1987 and 1993, are constructed with defective material. The township is included as a defendant because the suit claims the municipali- ty didn't fulfill its respon- sibility to ensure building practices and materials were up to standards. The allegations have yet to be proven in court. Mrs. Bunn, who with husband Ellery bought their Poplar Park home almost nine years ago, said in an interview Friday morning that the lawsuit 1s the last resort of home owners who have been try- ing for years to get prob- lems with their homes addressed, but have received no satisfactory response from either the builder, Ribcor Holdings, or the municipality. A group of home owners has been trying since 1995 to have the builder and the township respond to their complaints, and take steps to fix what they say are leaking windows and sid- ing, and rotting balustrades and railings on front porches, she said. In some cases water damage and rot has been so bad that sections of sid- ing, windows and exterior plywood have had to be replaced, she said. "I can't believe it came to this. Nobody wanted this," said Mrs. Bunn, who added that the Victorian Village home owners have tried to avoid publicly air- ing their complaints until now. "We didn't go scream- ing and shouting. We tried to do it quiet, on the side." But inaction by the municipality and the builder's argument that the home owners' concerns are maintenance related and the responsibility of the owners have led to this drastic step, she said. "We can't afford to let it go. You're talking about your lifetime investment here," said Mrs. Bunn. AND ENGINEERING MAKE 1. Mopar replacement parts. The only parts approved by Chrysler engineers! 2. Chrysler-trained technicians. The people who know your Chrysler vehicle best! No matter how small the this winter. Nobody kno convenience, and com MAINTENANCE GREAT DESIGN ALL THE DIFFERENCE. 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DX] CHRYSLER Plymouth Jeep Eagle rt home owners In its claim against Ribcor Holdings, the suit alleges: a that the homes were not constructed in a work- manlike manner and are not free from defects in material; a that the homes are not fit for habitation, and a that the homes were not constructed in accor- dance with the Ontario Building Code. The suit alleges that siding was installed in such as way as to allow moisture to enter the walls, and that material under the siding was either not installed properly, or was of inferior quality. The result has been rot- ting of wood, deterioration of siding, rotting of balustrades and posts, and problems with windows, among other symptoms, the suit alleges. . The suit also alleges the township failed in its responsibility to: Q verify that the homes were constructed in a work- manlike manner and free from defects in material; Q verify the homes were fit for habitation, and a verify that the homes were constructed in accor- dance with the Ontario Building Code. The lawsuit alleges that inspectors should have detected problems during construction of the homes but failed to do so. The suit also calls for damages to be awarded, alleging that home owners suffered stress, repair expenses, and loss of value of their houses. Scugog Township Earl Cuddie clerk said the suit 1s not a complete surprise to the township. "We were aware that there could be some legal action and and we put this in the hands of the town- ship's solicitor. We'll wait to see what they have to tell us." 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