A Fort Worth-area family has been awarded $21.6 million after homebuilders directed plumbing vents into the attic of their newly built house, according to the homeowners’ lawyers.
The jury award reached October 13 after a trial in Tarrant County orders homebuilders NAE Enterprises, Dauenhauer & Associates and Ricky Dauenhauer to pay the amount to Ronny McCoy and Mandy McCoy, who had to evacuate the home after becoming ill, according to Just Well Law PLLC.
The lawsuit, filed in 2025, alleged that construction defects allowed sewer gas to circulate inside the house, “causing migraine headaches, respiratory and skin problems, dizziness and other ongoing health concerns,” the law firm says. The suit also alleged the foundation was “not entirely sealed,” which caused “moisture intrusion and mold growth.”
The McCoys first raised concerns about a strong odor back in 2018 before they closed on the home, according to the firm. “After years of efforts, a plumber eventually discovered that the home's plumbing vents terminated in the attic.”
The Texas State Board of Plumbing Examiners recommended the family evacuate the house, and they have lived in an RV on the property for about two years.
NAE Enterprises was ordered to pay the bulk of the jury award, at 77% responsibility, including $10 million in punitive damages, according to the law firm. Dauenhauer & Associates and Ricky Dauenhauer each had 10% responsibility.
Powered byThe jury deliberated for two hours and determined the contractors violated the Texas Deceptive Trade Practices Act.
“The jury's findings included knowing and intentional conduct in violation of the DTPA, breach of implied warranty, negligence, negligent hiring and supervision, and gross negligence,” the law firm says.
The McCoys and Just Well Law say they hope the verdict cautions other contractors against defective construction and not making repairs.
“We believe the jury's verdict reflects the harm that indifference to construction defects can cause and what happens when a corporation refuses to take responsibility," said attorney Sabine Wakim.
“We hope this verdict will encourage other families to be heard when they suspect construction defects and toxic conditions that threaten them in their homes,” the McCoys added. “We hope we can begin to heal and recover but also help prevent this from happening to other Texas families."
