Frequently Asked Questions
May 7, 2025 Update
1. Why did the Court issue the Final CRA Notice?
The Court approved and ordered for the Administrator to issue the 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 pursuant to H.R.S. Chapter 672E.
2. How do I register to include my Horton Home in CRA inspections?
To comply with 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.
You may contact LippSmith 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.
The deadline to register with Class Counsel to include your Horton home in CRA inspections is SEPTEMBER 5, 2025.
3. What happens if I do not register?
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.
BASIC INFORMATION
4. Why did the Court issue The Original Notice?
The Original Notice was required by law and issued by the Court because it has allowed, or “certified,” this case to proceed as a class action lawsuit, and your rights may be affected. If you own a Horton home in Hawaiʻi, you may have legal rights and options in this case before the claims against Horton are decided. This Notice explains many aspects of the case and class certification.
The consolidated cases are known as Nagano v. D.R. Horton, Inc., et al., Civil No. 1CCV-21-0000867 KTM and Keanu v. D.R. Horton, Inc., et al., Civil No. 1CCV-21-0001060 KTM. The homeowners who sued are called the Plaintiffs. The companies the homeowner sued, D.R. Horton, Inc., D.R. Horton Hawaii LLC, D.R. Horton-Schuler Homes, LLC dba D.R. Horton-Schuler Division, are called the Defendants.
5. What is this lawsuit about?
This lawsuit for Horton homeowners with Galvanized Metal Foundation Components (“the Class”). Plaintiffs claim that Horton caused installation of defective Galvanized Metal Foundation Components in the wind-resisting systems, and that the Galvanized Metal Foundation Components are corroding and/or will corrode. The lawsuit asks that money be paid or other remedies be provided to homeowners for alleged defects in their homes caused by Galvanized Metal Foundation Components. Horton denies any and all liability.
6. What is a class action?
In a class action, class representatives sue on behalf of all people who have similar claims. The people included in the class action are called a class. The class consists of class members. The claims of the class are resolved together in one court.
Class members previously had the option to exclude themselves from (or opt out of) the class. The opt out deadline expired on February 20, 2024.
In this case, the Court appointed Plaintiffs Nadine Nagano, Keith Nagano, Ryan Hill, Brenda Hill, and Reginald Keanu to represent the Class.
7. Why is this lawsuit a class action?
The Court decided that this lawsuit could proceed as a class action because it meets the requirements of Rule 23 of the Hawaiʻi Rules of Civil Procedure, which governs class actions in the Circuit Court of the First Circuit, State of Hawaiʻi. For example, the Court found that the issues in the lawsuit are common among all the Class Members and that the claims of Plaintiffs are typical of the other Class Members. The Court also found that the Plaintiffs and the lawyers bringing this lawsuit would adequately represent the interests of the Class Members. More information about why this is a class action can be found in the Court’s Order Granting Plaintiffs’ Motion for Class Certification, which is available in the “Case Documents” section on the homepage of this website
THE CLAIMS IN THE LAWSUIT
8. What does the lawsuit complain about?
In general, the lawsuit claims that the Galvanized Metal Foundation Components are defective and corroding and/or will corrode. More information explaining what the lawsuit complains about can be found in the Plaintiffs’ operative Complaints, which are available in the “Case Documents” section on the homepage of this website.
9. How does Horton answer?
The D.R. Horton Defendants deny any and all liability. More information on Horton’s answer to the claims can be found in Horton’s Answers to Plaintiffs’ Complaints, which are available in the “Case Documents” section on the homepage of this website
10. Has the Court decided who is right?
There has been no decision whether the Plaintiffs or Horton are right. By establishing the Class and ordering that this Notice be provided, the Court is not suggesting that Plaintiffs will win or lose this lawsuit. The lawyers for the Class must prove the claims in a jury trial. There is currently no jury trial set. Please check this website for updates.
11. What do Plaintiffs seek for the Class?
The lawsuit asks for money to be paid and remedies to be provided to Class for the alleged defects in Horton homes’ Galvanized Metal Foundation Components. The lawsuit also asks for attorney fees and reimbursement of expenses.
12. Is money or are benefits available now?
No money or benefits are available now because a jury has not decided whether Horton did anything wrong. There is no guarantee that money damages or benefits will ever be awarded or obtained. However, if they are, Class Members will be notified about how to obtain their shares or benefits.
MEMBERS OF THE CLASS
13. How do I know if I am a Class Member?
The Court has approved, or certified, the following Class. Everyone who fits the following description is a Class Member:
- 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 in Townsend 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 LAWYERS REPRESENTING YOU
14. Do I have a lawyer in this case?
Yes. The Court appointed the LippSmith LLP and Kasdan Turner Thomson Booth LLLC to represent you and other Class Members as “Class Counsel.” These lawyers have experience handling similar cases. Contact information for these law firms can be found on the Contact Page.
15. Should I get my own lawyer?
If you do not exclude yourself from the Class, you do not need to hire your own lawyer because Class Counsel is representing you and all the other Class Members. You can hire your own lawyer who can advise you and who may ask to appear in Court for you in this case, but you will have to pay that lawyer.
16. How will Class Counsel be paid?
If Class Counsel obtain money or benefits for the Class, they will ask the Court for fees and reimbursement of expenses. If the Court grants their requests, the fees and reimbursement of expenses will either be deducted from any money obtained for the Class or paid separately by Horton. You will not personally have to pay any of these fees and expenses.
TRIAL
17. How and when will a jury decide the case?
Unless the parties agree to a settlement, the case, or a portion thereof, will be decided in a jury trial in Court. A jury trial in Court has been scheduled for July 13, 2026. Please check this website for updates.
18. Do I have to come to a trial?
You do not have to come to a jury trial in Court unless you want to or you are asked to by a party or the Court to do so. Class Counsel will present the case for the Class, and the lawyers for Horton will present their defenses. You may observe Court proceedings for this case, but it is not necessary.
19. Will I get money after a trial or settlement?
If Class Counsel obtains money and/or benefits from jury trial or settlement, you will be notified about your next steps and/or about any other options you may have at that time if you stay in the case.
MORE INFORMATION
20. Is more information about the lawsuit available?
You can view a copy of the Order Granting Plaintiffs’ Motion for Class Certification, the Complaints, and Horton’s Answers to the Complaints in the“Case Documents” section on the homepage of this website. You can also contact Class Counsel, LippSmith LLP at 1-808-376-2052 or contact@lippsmith.com.
21. Should I contact Horton about the case or my Galvanized Metal Foundation Components?
Please do not contact Horton about any issues concerning the case or your Galvanized Metal Foundation Components. If you would like to make a warranty claim for your Galvanized Metal Foundation Components, please contact Class Counsel, LippSmith LLP at 1-808-376-2052 or contact@lippsmith.com. You may contact Horton for other issues may have in your home.