Homeowners Settle Lawsuit With Nova Homes Over Faulty Construction

NAPLES, Fla. — A North Naples couple has reached a confidential settlement with Nova Homes of South Florida, ending a years-long legal battle over serious structural issues in their custom-built home that led Collier County officials to revoke its certificate of occupancy.

Monika and Paul Gatto contracted with Nova Homes to build their 5,472-square-foot home in the Livingston Woods neighborhood. But five years later, they withheld their final payment after uncovering multiple structural defects, court records show. Those problems included missing foundational supports, a misaligned second-floor beam, and undersized custom windows.

The dispute triggered a lengthy arbitration and legal process. Although an arbitrator ordered the Gattos in May 2024 to pay Nova Homes $82,014.24—including the withheld payment and the builder’s attorney fees—the couple continued to challenge the ruling in court. They ultimately secured a reversal in January 2025 after Collier County revoked the home’s certificate of occupancy, citing noncompliance with the Florida Building Code.

Certificate of Occupancy Revoked

The county’s reversal came 21 months after the original CO was issued. Officials determined the certificate had been granted in error, pointing to several unapproved deviations from building plans. Among the issues: the home’s outside footings, which help evenly distribute structural weight, were never installed. One side of the house extended four inches beyond the concrete slab. A key kitchen beam was four feet too short, forcing the construction of a misaligned support column lacking proper footing.

In addition, the lanai’s tie beam was made of plywood instead of reinforced concrete. Windows that were supposed to span the Gattos’ office, family room, and loft were installed 14 to 16 inches smaller than specified.

Use of Fraudulent Architectural Seals

County records linked the faulty construction in part to Naples designer Dave Wainscott, who used architectural seals belonging to deceased architect Leonard LaForest and Gene Cravillion, a 91-year-old man living in a memory care facility since 2022. Cravillion’s cognitive decline began in 2012. In documents submitted to the county, Wainscott falsely claimed Cravillion had attended a structural inspection.

Permit Revoked, New Company Formed

Monika Gatto testified in several hearings before the Collier County Contractors Licensing Board. The board eventually revoked Nova Homes’ permit-pulling privileges in response to the structural issues and use of fraudulent seals. In the aftermath, Nova Homes officials created a new entity, Nova Homes Group Inc., and a relative of company leadership filed to become a licensed qualifier.

Costly Dispute

The Gattos said they spent their life savings on the $415,000 property and the $852,817 construction contract, which was largely financed by the sale of their previous home. Those costs escalated with litigation and multiple change orders. Like many Nova Homes contracts, the couple’s agreement required binding arbitration, a process that prevents potential buyers from reviewing a builder’s litigation history.

Though both sides declined to comment on the details of the resolution, they confirmed the case had been "amicably" settled. Nova Homes’ appeal to the state’s Sixth District Court of Appeal was closed on Aug. 1.