Hicks

Plaintiff homeowners appeal the denial of their motion for class certification in this action against a developer and general contractor for the cost of repairing or replacing defective concrete foundations under their homes. We hold a class action may be maintained as to the claims for breach of express and implied warranty. Therefore, we reverse the trial court’s order in part and remand the cause with directions.

Facts and Proceedings Below

Plaintiffs Hicks and Gonzales purchased and continue to own homes built and sold by defendant Kaufman and Broad Home Corporation and its subsidiaries (hereafter Kaufman). Plaintiffs allege the concrete slab foundations under their homes are “inherently defective” because Kaufman constructed them using Fibermesh, a polypropylene product, instead of welded wire mesh.

The parties agree Fibermesh does not cause concrete slab foundations to crack. Cracking is caused by loss of moisture as the concrete dries and by other occurrences such as soil erosion and seismic activity. It is also undisputed neither welded wire mesh nor Fibermesh will prevent cracks from occurring in a concrete slab foundation. Plaintiffs allege, however, welded…