Case Information
DR Horton Galvanized Metal Foundation Components Notice of Class Certification
Case No. 1CCV-21-0000867 (KTM)
About This Case
If you own a D.R. Horton home in Hawaiʻi, a class action lawsuit may affect your rights.
Important Upcoming Dates:
September 5, 2025 – Registration Deadline to Comply with Final CRA Notice
December 31, 2025 – Mediation Cutoff
July 13, 2026 – Trial
Important update as of May 7, 2025: The Court ordered issuance of a Final CRA Notice to Class Members. If you have not already registered with Class Counsel, *PLEASE READ CAREFULLY - RESPONSE TO CLASS COUNSEL REQUIRED*
State of Hawai‘i, First Circuit Court Judge Kevin T. Morikone certified the class action in the consolidated proceedings entitled, Nagano v. D.R. Horton, First Circuit Court Civil No. 1-CCV-21-000867 KTM & Keanu v. D.R. Horton, First Circuit Court Civil No. 1-CCV-21-001060 KTM (“Class Action”).
The Court previously approved and ordered Notice of certification of the Class Action, which was completed by the Court-appointed Administrator on January 22, 2024. The original Notice informed Class Members that “the Contractor Repair Act, H.R.S. Chapter 672E, [(“CRA”)] applies to all the homes in the Class and requires that each homeowner in the Class fulfill all pre-litigation requirements in the Contractor Repair Act before proceeding with litigation in this lawsuit.”
On May 7, 2025, the Court approved and ordered for the Administrator to issue this Final Contractor Repair Act Notice (the “Final CRA Notice”) to homeowners that are currently part of the Class Action, but that have not yet registered with Class Counsel to request for their Horton homes to be included in CRA inspections.
If you received the Final CRA Notice it is because you have not registered with Class Counsel to include your Horton home in CRA inspections.
The Court set SEPTEMBER 5, 2025 as the deadline to register with Class Counsel to include your Horton home in CRA inspections. To comply with the Final CRA Notice, Class Members must register with Class Counsel to request for their Horton homes to be included in CRA inspections. Horton may or may not elect to inspect your home.
YOUR LEGAL RIGHTS AND OPTIONS BASED ON THE FINAL CRA NOTICE:
REGISTER TO INCLUDE YOUR HORTON HOME IN CRA INSPECTIONS | You may contact LippSmith LLP by telephone at 1-808-376-2052 or by email at contact@lippsmith.com. Class Counsel may also separately contact you with additional information or instructions. |
DO NOTHING | If you do not register with Class Counsel by September 5, 2025, the Court will dismiss you and all Class Action Claims for your Horton home from the Class Action without prejudice. If you and your Class Action Claims are dismissed without prejudice, you will not be able to participate in any outcome for the Class Action, and you will no longer be represented by Class Counsel in the Class Action. You may be able to pursue claims against Horton individually, but there may be legal consequences resulting from a dismissal from the Class Action that could impact your ability to pursue your claims individually. |
If you have any questions, please contact Class Counsel, LippSmith LLP (contact@lippsmith.com or 1-808-376-2052) or Kasdan Turner Thomson Booth LLLC (1-808-369-8393), or check this website for updates.
Overview of Class Action
D.R. Horton homeowners have sued D.R. Horton, Inc., D.R. Horton Hawaii LLC, D.R. Horton-Schuler Homes, LLC dba D.R. Horton-Schuler Division (jointly called “Horton”) claiming that Horton caused installation of defective galvanized metal components in the foundation areas (“Galvanized Metal Foundation Components”) of Horton homes. In particular, the Horton homeowners claim that the Simpson Titen anchors, shot pins, and steel sill tracks are corroding and have failed or will fail.
First Circuit Court Judge Kevin T. Morikone has allowed this lawsuit to proceed as a class action that may include YOU if you fall within the following Class defined as follows:
All individuals and entities that own or represent owners of residential homes, condominium, and townhomes in Hawai‘i sold by Horton and that were built with any Galvanized Metal Foundation Components (galvanized metal sill tracks, galvanized metal embedded shot pins, and/or galvanized metal embedded anchors, all of which are in contact with and proximity to foundations).
The Class excludes (a) judges who have presided over the case; (b) governmental entities and agencies; (c) people Horton employs or has employed; and (d) Horton’s affiliates.
This Class definition also excludes individual and entity owners of all Horton homes built with all models of Simpson HD Strap-Tie Holdowns and MAS Mudsill Anchors who are already members of the certified Class and Subclass inTownsend N. Takushi and Joanne E. Brykczynski Living Trust v. D.R. Horton, Inc., et al., State of Hawai’i Circuit Court of the First Circuit Civil No. 18-1-1748-10 GWBC.
The Contractor Repair Act, H.R.S. Chapter 672E, (the Contractor Repair Act) applies to all the homes in the Class and requires that each homeowner in the Class fulfill all pre-litigation requirements in the Contractor Repair Act before proceeding with litigation in this lawsuit.
The Court has not decided whether the Galvanized Metal Foundation Components are in fact defective. There are no money damages available now and no guarantee that there will be money damages in the future.
Important Dates
Response Deadline 09/05/2025 |
Mediation Cutoff 12/31/2025 |
Trial Date 07/13/2026 |