The five homeowners, identifying themselves as representatives of the group, claim it will cost a minimum of $120 million to repair the cracks responsible for the leaks in 8,000 homes built by the financially troubled construction company.
"Even though they're in bankruptcy, we believe we've found insurance coverage," said lawyer Joseph Colombo of the Melbourne firm Mommers and Colombo, which is representing the homeowners. "It's kind of go time now. We'll see what evolves."
Mercedes Homes -- the 27th largest homebuilder in the nation with operations in Florida, Texas, North Carolina and South Carolina -- is going through Chapter 11 reorganization and continues to do business. It filed for bankruptcy protection in January, leaving many local subcontractors unpaid for work done.
An attempt to contact the company's corporate office was unsuccessful.
In bankruptcy filings, the company estimated that it has between 1,000 and 5,000 creditors. The homeowners group is the largest creditor, Colombo said.
The next biggest creditor is Fifth Third Bank in St. Petersburg, which is listed with a claim of $7.1 million. Sanford-based 84 Lumber is next with a claim of nearly $615,000.
The homeowners allege that Mercedes, through its subsidiary Solid Wall Systems, built shoddy exterior walls. They were touted as "formed" walls that would outperform standard exterior ones. But the control joints that unite those walls leak, they said.
Mercedes built 8,000 homes in Florida between 2004 and 2008 with these poured concrete walls, the suit says.
The homeowners claim that every one of those homes is structurally unsound and that it would cost at least $15,000 to fix each house to bring it to state building standards. The repairs would cost more if water got into the cracks, as Merritt Island Realtor Bobby Freeman discovered during August's Tropical Storm Fay.
"Downstairs, it was leaking through every window," Freeman said.
He said the company knows there's a wall breach in the seam that is supposed to seal the concrete slabs.
And it isn't just one or two seams, he said. The cracks appear in even intervals at each place where the slabs are joined. He received an estimate of $37,000 to fix only the cracks. That doesn't include damage to the baseboards, the drywall and the carpets.
"Obviously, water's coming through," Freeman said.
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