The home's sewer vents ended inside the attic, allowing sewer gas to spread through the house. (Representational photo)
A Texas family has been awarded more than $21.6 million after faulty plumbing and construction defects allegedly made their home unsafe to live in. Ronny and Mandy McCoy noticed a strong smell before buying the house in 2018. Years later, a plumber discovered that the home's sewer vents ended inside the attic, allowing sewer gas to spread through the house. The family said the conditions affected their health, causing migraine headaches, breathing and skin problems, dizziness and other ongoing concerns. They also reported moisture entering the house through an improperly sealed foundation, leading to mould growth. According the Morning Star, the family took legal action against the contractor and others involved in the construction. After hearing the case, a Tarrant County jury awarded them more than $21.6 million. This included $10 million in additional damages against contractor NAE Enterprises. The house remains unfit to live in. The family had to leave the property on the advice of the Texas State Board of Plumbing Examiners and now lives in a recreational vehicle (RV) parked on their land.
Family noticed strong smell
According to court filings, the McCoys raised concerns about a strong odour before completing the purchase in 2018. However, it took years before a plumber identified the source of the problem. The plumber found that the home's plumbing vents ended in the attic instead of directing the sewer gases outside. This allowed sewer gas to circulate inside the house. The family alleged that exposure to the gas caused migraine headaches, respiratory and skin problems, dizziness and other continuing health issues. There were also problems with the house's foundation. The family said it had not been properly sealed, allowing moisture to enter the property. This led to mould growth and other problems linked to dampness. The case also included claims about insects attracted by moisture inside the house. Evidence presented during the trial covered the plumbing defects, foundation problems, moisture entering the property and mould.
Jury awards family more than $21.6 million
The trial began on October 5 in the 67th District Court of Tarrant County, Texas. The jury announced its decision on October 13 after about two hours of deliberations. It awarded the family more than $21.6 million, including $10 million in exemplary damages against NAE Enterprises. The jury found that the construction defects involved knowing and intentional violations of the state's Deceptive Trade Practices Act. It also found that the contractor was negligent and responsible for serious failures in the construction and supervision of the work. The jury assigned 77% of the responsibility to NAE Enterprises. Dauenhauer & Associates was assigned 10%, while Ricky Dauenhauer was assigned another 10%. The findings of gross negligence and the additional damages awarded were unanimous.
Lawyers say builders must ensure homes are safe
The family was represented by Maggie Neusel, Sabine Wakim and Kristina Baehr of Just Well Law, a law firm based in Austin. Wakim said families trusted builders to construct houses that were safe and met required standards. "Every family who hires a builder is counting on the same thing: that their home will be built safely and to code. The McCoys counted on NAE, and NAE did not deliver," she said. She added that the verdict sent a message that builders were responsible for the houses they constructed and the families who lived in them. Neusel said homeowners could not check every plumbing line, attic or wall themselves. Builders and contractors therefore had a responsibility to ensure that homes were safe and suitable for living. "This was not simply a case of poor workmanship. It was a profound failure of responsibility, with devastating consequences," she said.
Family hopes verdict helps other homeowners
The McCoys said the experience had been difficult for their family. They thanked the jury and hoped the decision would encourage other homeowners to raise concerns about construction defects and unsafe conditions. "We hope this verdict will encourage other families to be heard when they suspect construction defects and toxic conditions that threaten them in their homes," the family said. They also said they hoped to begin recovering from the experience while helping prevent similar incidents from affecting other families. The case was heard in the 67th District Court of Tarrant County, Texas.
