Construction concerns: 100+ lawsuits connected to company building homes in Tampa Bay area

When Bill Lundy bought his brand-new home at The Preserve at La Paloma in Sun City Center just off I-75, he wasn’t expecting the need for contractors and repairs almost soon as he got the keys. 

"Dishwasher didn't work. It took four visits and four months to fix the French doors. I had leaks in the guest bathroom...shutting down that bathroom for use,” Lundy said. "At the same time that was going on, there was another work crew in the other restroom doing drywall repair. So, I had no bathroom for a number of days, which caused some problems I won't go into."

Lundy said this is on top of mold concerns and other problems that cause crews to frequently be in and out of his home. The repairs have been ongoing since last year. 

“There were probably 40+ drywall issues. Seams…in the walls that had to be fixed. Six months later, they're still fixing. There's little blue tape here, there and beyond where they’re still fixing the drywall issues,” he explained.

“You feel like you’re held hostage. I’m working and I had loud equipment drying the leak problem while I’m on Zoom calls trying to work,” Lundy said. 

Property records show Lundy purchased the property in 2023 from a homebuilder called Mattamy Homes. A behemoth in the development world, the company has built thousands of homes across the nation and in Florida, with CEO Peter Gilgan at the helm. 

“I would think that particularly when this is 55 and up people buying these homes that he would care and say that we have to take better care of these people,” Lundy said. 

10 Investigates reached out to Mattamy Homes for an interview. The company declined our request to speak to someone on camera, but a spokesperson responded to all questions that arose during the course of reporting. 

“With respect to Mr. Lundy’s situation, we have completed all his requested warranty repairs and have offered additional and appropriate reimbursement for utility expenses during the times we were addressing warranty items, which he has declined,” a spokesperson said in an email. “Overall, feedback from residents of Mattamy’s The Preserve at La Paloma community in Sun City has been extremely positive.” 

Lundy refuted claims that he declined reimbursement, instead saying he asked for modifications the company did not respond to.

Lundy’s concerns about quality construction in his new home are not isolated incidents. 10 Investigates combed through court records in multiple counties across the state and counted more than 100 lawsuits with hundreds of complaints against Mattamy and its subcontractors for construction defects. 

Stucco defects and failure, roofing system defects and code violations appear as common homeowner grievances. 

“The quality of their work, of our home, is-- I'd give it an F,” homeowner Mike Harley said. Harley, who also lives in The Preserve at La Paloma, said he was unaware of problems in other Mattamy properties until 10 Investigates’ reporting.

Harley said he keeps an Excel spreadsheet of problems that need attention in his new home. 

"We walked into the home on August 1 and had problems since day 1," he said. "Within the first few days, we had water leaking into the door up to about 10 feet because the sprinkler system was pointed toward the front door."

"There’s a lot of people who are unhappy," Harley added.

Sometimes, this includes entire homeowner associations. For example, The Reserve at Loch Lake HOA in Sanford, Florida, filed suit against Mattamy in 2020, alleging damages “caused by systemic defects and deficiencies in the development, design, and construction of the townhomes and common areas.”

The association called the defects and deficiencies “a violation of design, building, and construction practices, the approved architectural plans, industry standards, manufacturer requirements…and various governmental codes…”

Mattamy provided 10 Investigates the following statement in response to homeowner concerns.

“The relationships we have with our homeowners are our top priority, and we are fully committed to working with them as quickly as possible to correct all warrantable issues and concerns. We fully stand behind our homes and our warranty commitments made to our homeowners. 

With respect to the specific customer concerns that were brought to us by Channel 10 News, we have done, and will continue to attempt to do, everything in our power to make them happy Mattamy homeowners once again. 

At Mattamy, we tirelessly work every day to make every customer happy. However, there are times when we cannot agree if an item is Mattamy’s responsibility. In these rare disagreements, litigation is sometimes a path individuals choose to take. When this is the chosen path of the homeowner, we abide by the decision of a neutral third party to bring a fair and reasonable conclusion to the matter.”

Mattamy is not alone in facing homeowner construction complaints. Searches for other major homebuilders also reveal litigation over alleged construction defects. 

Attorney Jeff Lieser of LieserSkaff said one of the most important things a buyer can do when purchasing a new home is hire their own experts to inspect the property.

“In addition to your regular punch list and walkthrough with a builder, if it’s a new build, you should hire your own inspector and go above and beyond that,” he said. “Find a general contractor, someone you trust. Maybe consider an engineer as well. Make sure that everything is in compliance. Not just small things — make sure that the roof is done right, that the house is structurally sound and that electrical is up to code.”

Lieser also suggests asking questions about subcontractors. 

“Oftentimes you think you’re getting a great builder, but you’ve really got to ask — whether it’s a new build or even if it’s a renovation — 'Are you actually doing the work? Will you have a project manager or am I just going to be at the mercy of any subcontractor you get at the time?’ If that’s the case, you’ve got to take a really hard look at their superintendent/project manager. And take a look at the subcontractor," he explained.

It's also important to consider changes in state law related to construction defects, Lieser said. Last year, Gov. Ron DeSantis signed a law shortening the timeframe for homeowners to bring a claim for construction defects. 

“We live in a pro-business state. The legislature is very pro-business and pro-construction and the construction lobby is very powerful. They convinced to reduce statute of repose,” Lieser said. “From the other perspective, you can have really good builders who do really good work, and as far as they know they’ve built a really nice home. So, they feel it can be a really unfair law.”

A spokesperson for Mattamy said the company does rely on subcontractors to complete work, but the company is committed to quality. 

“Mattamy Homes is committed to working with our homeowners to address any issues that may arise during the homebuilding and warranty periods,” a spokesperson said in a statement to 10 Investigates. “While we strive for perfection in both quality and the experience, issues can sometimes arise, which we then remediate and repair as quickly as possible, in conjunction with our trade partners and homeowners.”

At The Preserve at La Paloma, Lundy and Harley said Mattamy has a representative on-site to help address problems as they arise. 

“Luckily, we have somebody here that Mattamy has put into the community...He's the only guy here who supports us. Without him, we wouldn't be talking to you, we'd be talking to lawyers,” Harley said. He's hired by Mattamy to take care of problems after you move into your home. Which, at the beginning, I thought, ‘Wow, this is great.’ Except I didn't know I was going to have a laundry list of items that had to be fixed.”

Emerald Morrow is an investigative reporter with 10 Tampa Bay. Like her on Facebook and follow her on X. You can also email her at emorrow@10tampabay.com.