Court Grants Class Certification In K. Hovnanian Litigation

On December 14, 2011, the Honorable Richard S. Hoffman issued a decision certifying claims on behalf of a class of consumers. Plaintiffs in the case, which is captioned Mike D’Andrea and Tracy D’Andrea v. K. Hovnanian, et al., No. GLO-L-000734-06 and pending in the Superior Court of New Jersey, allege that Defendants constructed homes containing HVAC systems that were improperly designed and installed in a manner that violated applicable construction codes with respect to fireblocking. The certified class is defined as follows, “[a]ll persons or entities who from June 27, 2001 to the present purchased a home in New Jersey from Defendants with a HVAC system installed such that the cavities between studs or partitions to be used as return ducts are not isolated from unused spaces with tight-fitting stops or sheet metal or with wood not less than 2-inch nominal thickness and / or where such cavities are part of a required fire-resistance-rated assembly.”