Orndorff

Introduction

Plaintiffs have lived in their home since 1977. They have no plans to leave it. Unfortunately their home was built on defectively compacted soil. The plaintiffs presented evidence, and the trial court found, it will cost $243,539.95 to repair the defects and relocate the plaintiffs while the necessary repairs are being completed. Their appraiser testified that after their home is repaired it will be worth $238,500. The trial court awarded the plaintiffs their repair and relocation expenses as compensation for the damage caused by the defective soil.

On appeal the defendants, who stipulated the home was built on defectively compacted soil, argue the trial court should have awarded the plaintiffs only the amount by which the defects had diminished the value of the home.

In light of the plaintiffs’ intention to stay in their home, proof of its substantial value after repairs, and the extent of damage caused by the defect, we believe the trial court had discretion to award plaintiffs their repair costs and relocation expenses. Accordingly, for the reasons we explain more fully below, we affirm.

Summary of the Case

On November 14, 1985, plaintiffs Gerald Q.…