Have You Contracted to Build a Home with Diyanni Homes? You May be Entitled to Compensation for Delays

The Kohl & Cook Law Firm, LLC recently submitted a case to an arbitrator related to a home-building project. The defendant respondent, Diyanni Homes, was contracted to build a home in October 2021. The project wasn’t completed until October 2023, two years after the claimants signed their contract. In the process, Diyanni Homes breached the terms of the contract with their customers.

Kohl & Cook, LLC represents the interests of consumers in consumer, fraud, and breach of contract cases. Our law firm was tasked with securing compensation for two clients who had contracted with Diyanni Homes. We were able to secure an arbitrator award of $32,000 on behalf of our clients related to the contractor’s repeated failures to meet goals explicitly stated in the contract. Namely, they did not complete the project within the established timetable.

Background of the case 

Our clients filed arbitration against Diyanni Homes after the company failed to complete the project in an agreed-upon amount of time. According to the contract, Diyanni Homes was tasked with “commencing construction on or about 45 days after construction loan closing.” However, Diyanni Homes did not begin construction on the project until six months after entering into the contract.

Further, the contract stated that the project would be completed 210 days after the home was to be excavated. That would have put completion in November 2022. The home wasn’t completed until October 2023, nearly a full year after the due date.

The plaintiffs (or claimants) in this case argued that Diyanni Homes made several misrepresentations concerning the timeframe in which the project would be completed. They argued that Diyanni Homes hired underqualified vendors, failed to provide adequate supervision of its employees, and that, due to its overall incompetence, the project was egregiously delayed. In addition, repairs were often required for work that had been done previously, leading to further delays.

Diyanni home, in response to the lawsuit, argued that the claimants interfered with the construction of the house, that the delays in construction were excusable, or that external circumstances interfered with construction.

The decision[1] 

The arbitrator found that the delays in construction constituted “inexcusable” delays and not (for the purposes of this lawsuit) excusable ones. The delays were largely the fault of Diyanni.

As a result of the delays, the claimants incurred interest on their mortgage and other damages. Ultimately, the arbitrator found in favor of our clients and awarded them $32,000 in damages including a $5,000 award for noneconomic damages related to their inconvenience. The arbitrator also stated that the Claimant’s attorney fees are granted.

Have You Faced Similar Problems with Diyanni Homes? 

Kohl & Cook, LLC believes that the quality of workmanship provided by Diyanni Homes is not an isolated incident and there are other homeowners out there who have dealt with similar problems. If Diyanni Homes breached your contract, call our Dayton Consumer Lawyers today to schedule an appointment and learn more about how we can help you recover damages related to accrued interest, penalties, and other damages.

[1] The Interim Award is not a Final Award and the arbitrator has yet to determine the amount of attorney fees for which the claimant is entitled.