Guardian Law Group LLP has received a growing number of inquiries surrounding the $11 million-plus lawsuit launched against the Excel Homes Limited Partnership for homes developed in the Heartland neighbourhood.

Matthew Farrell, of the firm, says they are seeking certification of a class proceeding against the home builder. Upon certification, he expects discussions to begin in earnest.

Shane and Kandace Yakemchuk allege Excel Homes failed to properly construct both their house on Clydesdale Way and other homes in their neighbourhood. They say the company failed to properly address problems when they were made aware of them, and failed to pass on critical information about the problem to the family until it was too late.

The claim alleges that as a result of that improper construction, water slowly soaked into their insulation through the basement walls, allowing mold to grow in the basement.

The Yakemchuks claim their 24-year-old daughter Deja Fischer went into respiratory distress from the presence of mold, including aspergillus penicillium, and died as a result.

The lawsuit further alleges these problems are shared by other homeowners in the community.

None of these allegations have been proven in court.

Excel Homes has issued a statement, stating the suit appears to be without merit, and they will take every step to protect their position and reputation.

"We are surprised to have received a class action lawsuit as our company's reputation for post-sales support is strong."

Farrell says they have been informed the Excel's solicitors are reviewing the claim and will be responding.

"We are hoping to help the Yakemchuks, and we're also hoping to help others who are in a similar situation, who hopefully haven't experienced the kind of loss that they had but nonetheless are experiencing some significant loss, whether it be to their house or the value of their homes or the cost of repair."

If the court certifies the action, he explains, it will automatically include everybody who has been harmed in the same way unless they opt-out. The class action could potentially include all current and former homeowners, tenants, sub-tenants, occupiers and any nonresidential homeowners during the class period built by Excel Homes who have experienced basement mold and/or moisture issues.

In February 2018, the Yakemchuks first noticed water in their basement. Kandace says they weren't alone.

"When we first started having the leakage in our basement, there were a ton of homeowners in Heartland who were all with Excel who was having the same issues," explains Kandace, "and we were all getting a different story."

The initial issue in their home was remediated but it wasn't the end of the water. She says. It has occurred every year since, most recently three weeks ago.

"We just found water going on three weeks ago now, and because of the lawsuit, Excel hasn't gotten back to us. There have been no correspondence through the lawyers, except for that we're supposed to stop calling."

Nor have representatives of the Alberta New Home Warranty responded.

"We don't understand the process of why Alberta New Home Warranty isn't coming out because the lawsuit isn't against them, it's against Excel Homes," says Kandace.

The Yakemchuks moved here seven years ago from Fort Saskatchewan. Growing up in that community, Deja never had any attacks requiring 911 assistance before moving into the Heartland home in April 2017, says Kandace.

"We only started needing medical intervention--like 911--starting April 2018. We noticed Deja's asthma flared more, she had more attacks, she was using more inhalers. and she was using more prednisone."

On December 5, 2018, Deja had a severe asthma attack from which she would never recover. She was rushed to the hospital by ambulance in critical condition. After significant deliberation, she was taken off life support and soon afterward passed away on December 31, 2018.

Kandace said had she known how serious the issue was in the home, she would have sent Deja back to Fort Saskatchewan.

She doesn't want to see this story fall off the radar until the matter is resolved.

"I want them to take accountability for what they've done, and moving forward, that anybody that deals with them know their investment is safe."