Updated: Thu, 06/13/2013 - 10:14

Court sides with Dell Webb, Pulte in Sun City stucco dispute

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COLUMBIA -- Del Webb Communities and Pulte Homes have notched a victory in the S.C. Court of Appeals over Sun City property owners.

In September 2008, Roger and Mary Jo Carlson brought an action against Del Webb and Pulte, alleging construction defects in their home's stucco siding.

The Carlsons' case is among nearly 140 cases pending against Del Webb and Pulte involving stucco-homes in Sun City. The Sun City Hilton Head Community Association calls it "the largest, active adult community in the South Carolina Lowcountry," and claims 13,000 residents.

According to the court decision, the couple had argued they weren't bound by the arbitration clause in their purchase agreement. The court disagreed on Wednesday.

The result is that Del Webb and Pulte may compel arbitration, a process outside the court. It is unclear what effect, if any, the decision will have on the other cases. Efforts to reach the parties' attorneys were unsuccessful.

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