Townsend N. Takushi and Joanne E. Brykczynski Living Trust v. D.R. Horton, Inc., et al.

Frequently Asked Questions

1. Basic Information

1. Why was the Notice issued?

   The Notice is required by law and was issued because a Court has allowed, or "certified," this case to proceed as a class and subclass action lawsuit, and your rights may be affected. If you own a D.R. Horton house in Hawai'i, you may have legal rights and options in this case before it is decided whether the claims being made against the D.R. Horton Defendants on your behalf are correct. The Notice explains all of these things.

   The case is known as Townsend N. Takushi and Joanne E. Brykczynski Living Trust v. D.R. Horton, Inc., et al., Civil No. 18-1-1748-10 GWBC. The homeowner who sued is called the Plaintiff. The companies the homeowner sued, D.R. Horton, Inc. and D.R. Horton-Schuler Homes, LLC, are called the Defendants.

2. What is this lawsuit about?

   This lawsuit is about D.R. Horton homes with hurricane straps (the Class) and D.R. Horton homes with both hurricane straps and steel sill tracks (the Subclass). Plaintiff claims that the D.R. Horton Defendants caused installation of defective hurricane straps and steel sill tracks in the wind-resisting systems, and that the hurricane straps and steel sill tracks are corroding. The lawsuit asks that money be paid or other remedies provided to homeowners for alleged defects in their homes caused by hurricane straps and steel sill tracks. The D.R. Horton Defendants deny any and all liability and assert that the hurricane straps and steel sill tracks are not defective.

3. What is a class action?

   In a class action, class representatives and/or subclass representatives sue on behalf of all people who have similar claims. The people included in the class action are called a class and/or subclass. The class and/or subclass consists of class and/or subclass members. The claims of the class, class members, subclass, and subclass members are resolved together by one court. Class and subclass members have the option to exclude themselves from (or opt out of) the class and subclass, respectively. If a class and/or subclass member elects to exclude himself, herself, or itself from the class or subclass, that class and/or subclass member will not be bound by the results of this class action. More information regarding a class and/or subclass member's ability to opt out of the class and/or subclass and the steps that need to be taken to opt out of the class and/or subclass are provided below.

   In this case, the Townsend N. Takushi and Joanne E. Brykczynski Living Trust has been appointed by the Court as Class and Subclass Representative to represent the Class and Subclass.

4. Why is this lawsuit a class action?

   The Court decided that this lawsuit could proceed as a class and subclass action because it meets the requirements of Rule 23 of the Hawai'i Rules of Civil Procedure, which governs class actions in state court in the Circuit Court of the First Circuit, State of Hawai'i. For example, the Court found that the issues in the lawsuit are common among all the Class and Subclass Members and that the claims of Plaintiff are typical of the other Class and Subclass Members. The Court also found that the Plaintiff and the lawyers bringing this lawsuit would adequately represent the interests of the Class and Subclass Members. The Court may compel this matter to binding arbitration. More information about why this is a class action can be found in the Court's Order Granting Plaintiff's Motion for Class Certification.

5. The Claims in the Lawsuit

5. What does the lawsuit complain about?

   In general, the lawsuit claims that the hurricane straps and steel sill tracks are defective and corroding. More information explaining what the lawsuit complains about can be found in the Plaintiff's operative First Amended Class Action Complaint.

6. How do the D.R. Horton Defendants answer?

   The D.R. Horton Defendants deny any and all liability and assert that the hurricane straps and steel sill tracks are not defective. More information on the D.R. Horton Defendants' answer to the claims can be found in the D.R. Horton Defendants' Answer to Plaintiff's First Amended Class Action Complaint.

7. Has the Court or any arbitrator decided who is right?

   No. There has been no decision whether the Plaintiff or the D.R Horton Defendants are right. By establishing the Class and Subclass and ordering that the Notice be provided, the Court is not suggesting that Plaintiff will win or lose this lawsuit. The lawyers for the Class and Subclass must prove the claims at in trial or arbitration if the case is compelled to arbitration. There is currently no trial or arbitration hearing date and any substantive action in the case is stayed until the Parties fulfill certain requirements of the Contractor Repair Act. Please check this website for updates.

8. What is the Plaintiff asking for on behalf of the Class and Subclass?

   The lawsuit asks for money to be paid and remedies to be provided to Class and Subclass Members for the alleged defects in D.R. Horton homes' hurricane straps and steel sill tracks. The lawsuit also asks for attorney fees and reimbursement of expenses.

9. Is there any money or benefits available now?

   No money or benefits are available now because neither the Court nor an arbitrator has decided whether the D.R. Horton Defendants did anything wrong. There is no guarantee that money damages or benefits will ever be awarded or obtained. However, if they are, Class and Subclass members will be notified about how to ask for your share or benefits.

10. MEMBERS OF THE CLASS AND SUBCLASS

10. How do I know if I am a member of the Class or Subclass?

    The Court has approved, or certified, the following "Class." Everyone who fits the following description is a "Class Member." The Class includes: all individuals and entities that own or represent owners of residential homes, condominiums, and townhomes in Hawai'i sold by the D.R. Horton Defendants and that were built with Hurricane Straps (MAS Straps and/or HD Straps) embedded in their foundations.

    The Court has also approved, or certified, the following "Subclass." Everyone who fits the following description is a "Subclass Member." The Subclass includes: all individuals and entities that own or represent owners of residential homes, condominiums, and townhomes in Hawai‘i sold by the D.R. Horton Defendants and that were built with Hurricane Straps (MAS Straps and/or HD Straps) embedded in their foundations and that were constructed with Steel Sill Tracks.

11. I'm still not sure if I am included. What should I do?

    If you are still not sure whether you are included in the Class or Subclass, you can contact Class and Subclass Counsel, the Law Offices of Melvin Y. Agena at 1-808-536-6647 or LippSmith LLP at 1-213-344-1820.

12. Your Rights and Options

    You have a choice about whether to "Do Nothing" and stay in the Class or Subclass, or to "exclude" yourself by following the procedures described below no later than May 11, 2022.

12. What happens if I "do nothing" at all?

    If you are a Class or Subclass Member and you do nothing, you are choosing to stay in the Class or Subclass. If you stay in the Class or Subclass, you will be legally bound by all of the decisions that the Court and/or any arbitrator makes. This means that if the Plaintiff obtains money or benefits from the D.R. Horton Defendants – either as a result of a judgment or a settlement – you will be eligible for a share and/or those benefits. This also means that regardless of whether the Plaintiff wins or loses the lawsuit or arbitration of this lawsuit, you will not be able to start a new lawsuit, continue with a lawsuit, or be part of any other lawsuit against the D.R. Horton Defendants concerning the legal claims and issues being alleged in this lawsuit ever again. The Contractor Repair Act gives D.R. Horton Defendants the right to inspect and perform destructive testing on all homes in the Class and Subclass at D.R. Horton's own cost. The Contractor Repair Act also requires all parties to attempt to resolve the dispute through mediation. D.R. Horton may seek to exclude you from the Class or Subclass and/or dismiss your claims if you fail to comply with the Contractor's Repair Act as set forth in the Court's orders.

13. What happens if I exclude myself from the Class or Subclass?

    If you exclude yourself from the Class or Subclass, you will not be legally bound by the Court's or any arbitrator's orders and judgments and you are able to keep any rights you may have to sue the D.R. Horton Defendants for the same claims in a different lawsuit, now or in the future. However, if you exclude yourself from the Class or Subclass, you will not be able to get any money or benefits from this lawsuit if any are awarded or obtained as a result of the trial, arbitration, or any settlement. You will also not be represented by Class and Subclass Counsel but may independently pursue your claims with or without your own counsel.

14. How do I ask to be excluded from the Class or Subclass?

    To exclude yourself from the Class or Subclass, send a letter or printed and completed opt-out form available on the class website that says you want to be excluded from the Class or Subclass in Townsend N. Takushi and Joanne E. Brykczynski Living Trust v. D.R. Horton, Inc., et al., No. 18-1-1748-10 GWBC to Townsend N. Takushi and Joanne E. Brykczynski Living Trust v. D.R. Horton, Inc., et al. Mail that letter or completed opt-out form to D.R. Horton Notice Administrator, P.O. Box 58220, Philadelphia, PA 19102. If you submit a letter, you must include (1) your full name, (2) your current address, (3) your current telephone number, (4), if your current address is different than the Class or Subclass structure at issue, the address to establish your status as a Class or Subclass Member, and (5) a request to be excluded from the Class or Subclass. You must mail your exclusion request so that it is postmarked by no later than May 11, 2022. If your request is not postmarked by that day, you will automatically be grouped with the "Do Nothing" people.

15. The Lawyers Representing You

15. Do I have a lawyer in this case?

    Yes. The Court appointed the Law Offices of Melvin Y. Agena, LippSmith LLP, and the Law Office of Glenn K. Sato to represent you and other Class and Subclass Members as "Class and Subclass Counsel." These lawyers have experience handling similar cases. Contact information for these law firms can be found on the Contact Us page.

16. Should I get my own lawyer?

    If you do not exclude yourself from the Class or Subclass, you do not need to hire your own lawyer because Class and Subclass Counsel is representing you and all the other Class and Subclass Members. You can hire your own lawyer who can advise you and who may ask to appear in Court or arbitration for you in this case, but you will have to pay that lawyer.

17. How will Class and Subclass Counsel be paid?

    If Class and Subclass Counsel obtain money or benefits for the Class and Subclass, they will ask the Court or arbitrator for fees and reimbursement of expenses. If the Court or arbitrator grants their request, the fees and reimbursement of expenses will either be deducted from any money obtained for the Class and Subclass or paid separately by the D.R. Horton Defendants. You will not personally have to pay any of these fees and expenses.

18. TRIAL OR BINDING ARBITRATION

18. How and when will the Court or an arbitrator decide the case?

    Unless the parties agree to a settlement, the case, or a portion thereof, will be decided in a Court trial or at an arbitration hearing. Neither a Court trial nor arbitration hearing has been scheduled yet. Any substantive action in the case is currently stayed until the Parties fulfill certain requirements of the Contractor Repair Act. Please check this website for updates.

19. Do I have to come to the trial or arbitration?

    You do not have to come to the Court trial or arbitration unless you want to or you are asked to by a party, the Court, or arbitrator. Class and Subclass Counsel will present the case for the Class and Subclass, and the lawyers for the D.R. Horton Defendants will present their defenses. You and/or your own lawyer may appear in Court or arbitration for this case at your own expense, but it's not necessary.

20. Will I get money after the trial or arbitration?

    If Class and Subclass Counsel obtain money and/or benefits as a result of trial, arbitration, or a 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.

21. What is the Contractor Repair Act?

    The Contractor Repair Act is set forth in Chapter 672E of the Hawai‘i Revised Statutes. It pertains to claims alleging construction defects. Judge Chang ruled that a stay on litigating and taking discovery in substantive matters is in place until the parties exhaust certain requirements of the Contractor Repair Act. Judge Change ruled that the Contractor Repair Act applies to the homes in the Class and Subclass and gives D.R. Horton Defendants the right to inspect and perform destructive testing on all homes in the Class and Subclass at D.R. Horton Defendants' own cost. The Contractor Repair Act also requires all parties to attempt to resolve the dispute through mediation. The operative Contractor Repair Act as of the date of the Notice can be found at: https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0672E/HRS_0672E-.htm.

22. Getting More Information

22. Is more information about the lawsuit available?

    The Notice summarizes the lawsuit. You can view a copy of the Order Granting Plaintiff's Motion for Class Certification, the Plaintiff's First Amended Class Action Complaint, and the Defendants' Answer to Plaintiff's First Amended Class Action Complaint on the Important Documents page. You can also contact Class and Subclass Counsel, the Law Offices of Melvin Y. Agena at 1-808-536-6647 or LippSmith LLP at 1-213-344-1820.