Jury Verdict Leads to $550,000 Award to N.H. Couple in Dispute with Modular Home Installer

Bernstein Shur's Andru Volinsky represents plaintiffs

CONCORD, New Hampshire – A judge has upheld the award of $550,000 to a Webster, N.H. couple after a jury verdict concluded that the installers of their dream home acted negligently and that the modular home manufacturer violated the New Hampshire Consumer Protection Act.

Testimony during the five-day trial in Merrimack County Superior Court showed that the installation of the customized modular home was fraught with problems from the start. The installer sited the house improperly, leaving the home’s foundation so out-of-level that the modular boxes did not fit together correctly. As a result, the house couldn’t hold heat in the winter, the roof leaked, the walls didn’t fit, and windows allowed drafts that the frustrated homeowners were left to plug with rags. The homeowners were represented by Bernstein Shur's Andru Volinsky, who is based in the firm's Manchester office.

The homeowners, John and Alicia Boynton, had hired the installer, Dennis Figueroa, Ruben Figueroa, and Figueroa Development Corp. in 2003 based on a strong recommendation from the manufacturer, Signature Building Systems Inc. of Moosic, Penn. Signature vouched for the Figueroas’ capabilities as the only authorized builder of its modular homes in the area. But when problems occurred, the company did little to rectify the situation for the couple, testimony showed.

The jury’s unanimous verdict was rendered in April. It concluded that the Figueroas had been negligent and that Signature had engaged in deceptive trade practices in violation of the New Hampshire Consumer Protection Act. Jurors awarded the couple $250,000.

Since the jury found that Signature’s violation of the Consumer Protection Act was “a willful or knowing violation,” the law allowed presiding Superior Court Judge Kathleen McGuire to double the damages and award attorney fees. Judge McGuire issued her order August 11.

The large award serves as a vindication for the Boyntons. The manufacturer sold its product as a completed home and vouched for the installer in order to make the sale. “Modular homes are not commodities or a set of boxes to be delivered. Individuals who purchase modular units are buying a home,” Volinsky said. “To enable the process, the manufacturer has to marry itself to an installer. In this case, the process broke down. Signature made virtually no effort to verify the skills of Figueroas beforehand, yet touted them to the home buyers. When faced with the reality of the installer’s incompetence, the company turned its back instead of doing the right thing.”

Volinsky manages Bernstein Shur’s New Hampshire office. His practice focuses on employment law, commercial disputes, and issues of white-collar crime.

Established in 1915, Bernstein Shur is one of northern New England’s largest full-service law firms. From offices in Portland and Augusta, Maine and Manchester, New Hampshire, the firm's 85 attorneys provide practical legal counsel to a diverse group of public and private clients throughout the region and around the world. Bernstein Shur’s commercial, litigation, and municipal practices are complemented by the services of the firm’s wholly-owned government consulting affiliate (Bernstein Shur Government Solutions LLC) and its environmental and engineering consultancy (Stratex LLC). For more information, visit bernsteinshur.com.
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