Across the Bush River from Perryman Pointe, in Abingdon, Altieri built a subdivision of five homes in Riverside, including one owned by Deborah Burgers. She and her fiance, John Vandenburg, moved into the $593,450 house in June 2005. When they climbed the stairs to the fourth floor, the house swayed. Altieri assured them that the home was safe.
"Since her home is very tall and narrow, it is typical to feel deflections or swaying," Frank Altieri, father of Greig and Daren Altieri, wrote in a September 2006 letter to the state attorney general's office, responding to a complaint Burgers had filed. "All of our beach-type homes, which are narrow and tall, exhibit this type of behavior. It is perfectly normal, our personal beach home in Ocean City exhibits this type of behavior and it is only three stories."
But a structural engineer hired by Burgers found the builder had left out a steel portal frame and reinforced walls, which are required by the county building code.
He said he had "grave concerns" about the home's structural integrity and suitability for occupancy. Burgers filed a lawsuit against Altieri Enterprises Inc. and Altieri Homes Inc. in September 2007. Shortly after, she said, her eldest daughter moved out, unable to live with the stress of the swaying and uncertainty over the house.
A favorable verdict
Last month, Harford County Circuit Judge Emory A. Plitt Jr. ruled that Altieri failed to build the home in compliance with the building code. He awarded Burgers damages of $294,828.
"There can be no doubt that Ms. Burgers did not get what she bargained for," the judge said in the verdict. "In return for her money, Altieri agreed to sell her a home constructed in a workmanlike manner and according to code. That did not happen. In reality, the damage was done the day she moved in."
During a trial on Burgers' lawsuit, a Harford County building inspector, Jim Ellwood, testified that reinforced walls were required by the county code.
"For reasons which have a certain mysterious quality about them, the Harford County Government issued a Use and Occupancy Permit for the house prior to Ms. Burgers moving in," Plitt said in the verdict. He said the county gave final approval to the framing of the house, certifying that it met all codes.
When asked about the permit for Burger's house, Ellwood said in an interview that he couldn't answer that question.
