INDIANAPOLIS -- A Hamilton County judge will decide this week whether to accept a settlement between Trinity Homes and homeowners who claim poor construction led to water damage.

Both Sides Ask Judge To OK Settlement Problem? Contact Call 6

At a hearing Monday, lawyers for both sides asked the judge to approve the deal, which would settle a class-action lawsuit filed in 2003. More than 2,000 Trinity homeowners in Indiana are eligible for the settlement, which would require Trinity to pay for the repairs and allow the law firm representing the owners to hire an independent engineering company to oversee the work, Call 6's Rafael Sanchez reported.

Trinity also would guarantee all repairs for two years. If work extends beyond an agreed completion date, homeowners would receive $60 per day until it is done, according to the proposed settlement.

The lawsuit was filed after hundreds of homeowners filed complaints alleging that water seeped under some exterior brick veneers, causing extensive damage and mold.

Trinity's owner, Atlanta-based Beazer Homes, has denied any wrongdoing. It has set aside millions of dollars to address the problems, officials said.

In a quarterly report to the Securities and Exchange Commission, Beazer said it believes repairs could cost up to $41,500 per home

Of the 2,087 homeowners eligible for the settlement, about 40 rejected the deal, Sanchez reported.

The judge said he would make a decision by Friday.