Commercial Construction Defects

The Client

Our client, a homeowners’ association (HOA) in North Myrtle Beach, approached us to address serious drainage and erosion issues affecting their resort development. These issues, stemming from flawed construction and poor planning by the developer and their engineering representative, placed a heavy burden on the HOA and individual homeowners.

The Challenge

The case involved complex construction defects that resulted in ongoing drainage problems and costly property damage. Key issues included:

• Drainage Buffer Problems: Homes were built dangerously close to a drainage buffer with inadequate access for necessary maintenance, resulting in severe water flow and drainage issues.
• Erosion and Vegetation Overgrowth: Homes bordering a steep bank within the drainage buffer experienced overgrowth, erosion, and bank collapse.
• Developer Negligence: After completing construction, the developer transferred the common areas to the HOA without ensuring they were in a suitable condition, leaving the HOA responsible for costly repairs while retaining profitable parts of the development.

Homeowners were forced to spend significant sums on seawalls, revetments, and retention walls to protect their properties from flooding and further erosion. These challenges not only led to costly repairs but also caused a diminution in the property values within the HOA.

Our Approach

Our legal team at McCullough Khan Appel pursued a strategic, research-driven approach to advocate for the HOA:

1. Engagement of Expert Witnesses: We retained experts to demonstrate that the developer and engineer had breached their duty of care by constructing homes too close to the drainage outfalls and failing to provide safe drainage solutions.
2. In-Depth Investigation and Documentation: Conducted thorough research to document the impact of drainage issues, including evidence of flooding, erosion, and the significant financial burden placed on the HOA and homeowners.
3. Persistent Litigation: Over the course of three years, we fought diligently on behalf of the HOA, ultimately securing a resolution that allowed our client to fund proper repairs for the drainage system and affected properties.

Our hard work and commitment to the case enabled the HOA to address the drainage and erosion issues effectively, protecting both the property values and quality of life for the residents.

Are you dealing with construction defects or other property challenges? Contact us today to learn how McCullough Khan Appel’s experienced legal team can assist. Discover more about our services in Construction Defects and Claims and Property Disputes to see how we protect the interests of our clients.

Let us help you secure the solutions you need to safeguard your property and community.