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.

  • 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.

  • Horton denies any and all liability.

  • 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. However, your rights may be affected, and you have a choice to make now.

Your rights and options—and the deadlines to exercise them—are explained on this website.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT

DO NOTHING

Stay in this lawsuit. Give up rights to individually pursue all claims against Horton for any claims brought in this Class Action. Await the outcome. Share in possible money or benefits obtained in this lawsuit.

EXCLUDE YOURSELF FROM THE CLASS BY FEBRUARY 20, 2024.

Get out of this lawsuit. Keep rights to individually pursue claims against Horton. Do not share in money damages or benefits obtained in this lawsuit.

  • Lawyers must prove the claims against Horton in Court. There is currently no date set for a jury trial. Please check this website or contact Class Counsel, LippSmith LLP at 1-808-376-2052 or contact@lippsmith.com, for updates. If money damages or benefits are obtained, those in the “Do Nothing” group will be notified about how to obtain and/or ask for a share.