Verdicts & Settlements
Throughout our firm’s history, we have recovered millions in settlements, verdicts, and arbitration awards. Here are just a few of the construction defects settlements, verdicts, and awards obtained by our firm. These results listed below show how much our clients actually received, after payment of all fees and costs.
213-Unit Townhome Community – $13,000,000
This community was overwhelmed by site grading and drainage problems, bursting pipes, roof leaks, and showers that leaked to the exteriors of the buildings. We worked together with a national builder and sixteen of its subcontractors to hire a neutral expert team that investigated the construction issues and recommended repairs. Ultimately, we were able to resolve the case through a formal mediation process where the Association received $13,000,000, after payment of all fees and costs.
200-Unit Townhome Community – $8,353,000
Severe structural damage, which resulted in drywall cracking and foundation displacement, plagued this community. After an extensive investigation of these issues by several different structural engineers, we were able to recover $8,350,000 after payment of all fees and costs.
Single Family Home Underdrain Case – $7,683,000
The developer of this community, D.R. Horton, installed a community-wide underdrain system which was intended to move foundation ground water away from the homes and under the streets, but was failing due to improper design and construction, which was causing water back ups into several homes. Additionally, D.R. Horton’s contractors buried the access points under the asphalt, without leaving any markings or a map of their exact locations, making maintenance of the system impossible. After a two-week arbitration hearing that involved expert testimony regarding hydrology, geohydrology, geochemistry and soil mechanics, the arbitrator awarded the Association $7,683,000, after payment of all fees and costs.
166 Unit Townhome Community -- $6,891,000
This townhome community developed by Standard Pacific Homes (which ultimately merged with Ryland Homes and was then acquired by Lennar Corporation) suffered from drainage problems, failing retaining walls and slopes, rusted below-grade sheet metal at front porches, improperly installed stone veneer, siding and trim, and improperly constructed fire resistive assemblies. After a two week arbitration hearing, we received a favorable award, resulting is a recovery for the Association of $6,891,000, after payment of all fees and costs.
317-Unit Condominium Community – $6,391,000
This community had been converted from an apartment complex into a condominium community. The homes suffered from multiple issues including corroding and failing post-tension slab cables, balcony leaks, roof leaks, cracking stucco, areas of severely deteriorating asphalt and concrete, and grading and drainage problems. We resolved this case with settlement contributions from various parties totaling over $6,380,000 for the community, after payment of all fees and costs.
141 Unit Condominium Community -- $5,970,000
This condominium complex suffered from defects with stucco, doors and windows, and well as roofing defects and grading and drainage problems. We resolved this case with settlement contributions from various parties totaling over $5,970,000 for the community, after payment of all fees and costs.
408-Unit Condominium Community – $5,608,000
This community suffered from severe structural damage resulting from expansive soils, including pervasive wall and ceiling cracking, uneven floors and counters, and inoperable doors and windows. Additionally, the community’s residents suffered leaks at windows and doors, roof leaks, poor site grading and drainage, and deteriorating asphalt and concrete. We resolved this case via settlement with contributions from several parties totaling over $5,600,000 for the community, after payment of all fees and costs.
65-Unit Townhome Community – $5,000,000
This association was beset by elevated walkways and decks that leaked into units below, poor site grading and drainage, structurally unsound stair stringers, and an improperly installed exterior stucco cladding system. Despite the fact that the builder was out of business and the insurance carrier severely underestimated the covered damages until a month before trial, we were able to resolve the case for $5,000,000 after payment of all fees and costs.
235-Unit Condominium Community – $5,029,000
Severe concrete movement and cracking, window leaks, retaining wall failures, and two building foundations that were sliding are problems that inundated this condominium community. Though the developer and builder were no longer in business, we were able to resolve the case shortly before trial with the developer and builder’s insurance carriers. Our firm recovered $5,029,000 for the community after payment of all fees and costs.
288-Unit Condominium Community – $4,726,000
This community suffered from problems including roof leaks, water intrusion at balconies and brick columns, grading problems, improperly installed post-tensioned cables, and frozen pipes. Although we filed a lawsuit against the developer, we took the unique approach of agreeing with the developer to hire a single set of neutral expert witnesses. We were able to resolve this case the $4,726,000, after payment of all fees and costs.
117-Unit Condominium Community – $4,634,000
The homeowners in this condominium complex experienced leaking decks which became structurally unsound. Additionally, they suffered from window leaks and grading and drainage problems. We were able to resolve this case shortly before trial and recovered $4,634,000 for the community after payment of all fees and costs.
337-Unit Townhome Community – $4,536,000
These townhomes were built by two nationally-known production homebuilders and suffered from grading and drainage problems, building envelope problems, and improperly constructed firewalls. We were able to resolve the case before trial and recover $4,540,000 for the community after payment of all fees and costs.
63-Unit Townhome Community – $3,594,000
This townhome community had water intrusion issues and structural problems with wood decks. After a successful jury verdict, we prevailed on appeals at both the state appellate and supreme court level. We then successfully pursued collection of the verdict against the developer’s insurance carrier. The community received nearly $3,600,000, after payment of fees and costs.
280-Unit Condominium Community – $3,476,000
This 280-unit condominium community had significant problems with water intrusion at the building envelope, including leaking decks and roofs. We were able to resolve this case for $3,476,000 for the community, after payment of all fees and costs.
195-Unit Townhome Community – $3,895,000
The homeowners association for this community was originally concerned about grading and drainage problems and problems with their siding installation. While investigating the siding installation, our expert discovered that the townhomes had improperly designed and installed firewalls, which presented a potential life-safety hazard for the residents. After a three-week arbitration hearing, we received a final award against the national builder responsible for these homes and recovered $3,400,000 for the association, after payment of all fees and costs.
124-Unit Townhome Community – $3,334,000
This community had problems with sinking concrete patios and water intrusion into the building envelope. We were able to recover $3,335,000 for the association, after payment of all fees and costs.
264-Unit Condominium Community – $3,318,000
This community experienced more than 150 roof leaks as well as flooding in common areas and into units. The streets and sidewalks in the community were badly deteriorated. This case presented particular problems with statutes of limitations and repose, and there was limited insurance available for a builder who was no longer in business. After more than two weeks of a jury trial, we are able to avoid the almost inevitable post-trial appeals process and settle this case. The Association received $3,318,000, after payment of all fees and costs.
160 Unit Townhome Community – $3,253,000
This townhome community suffered from improperly installed siding and trim, adhered masonry, roofs, and railings as well as improper fire-resistive systems. We were able to resolve this case for $3,253,000, after payment of all fees and costs.
172-Unit Condominium Community – $3,250,000
After suffering 128 balcony leaks, we brought claims for this association. In addition to the balcony leaks, we brought claims for a long list of defects including roof leaks, grading and drainage problems, crumbling sidewalks, leaking windows, and firewall defects, repeated water intrusion at decks, windows, and entry doors. After four weeks of arbitration, the arbiter ruled in favor of the association. After payment of all fees and costs, the association received $3,250,000.
140-Unit Condominium Community – $3,130,000
In addition to water intrusion problems, this community had structural problems with exterior staircases and an improperly attached masonry facade. After payment of all fees and costs, the association received $3,131,000.
139-Unit Townhome Community – $3,000,000
This 139-unit townhome community had drainage problems throughout the common areas, and deteriorating asphalt and concrete. After more than 40 depositions, we were able to resolve this case shortly before trial, netting $3,000,000 for the community, after payment of all fees and costs.
154 Unit Townhome Community – $2,992,000
This townhome community suffered from improperly installed siding and trim, adhered masonry, roofs, and railings as well as improper fire-resistive systems. We were able to resolve this case for $2,992,000, after payment of all fees and costs.
High-Rise Condominium Building -- $2,883,937.15
This high-rise condominium building suffered from water intrusion from windows and sliding glass doors, improperly installed ArcusStone Veneer, EIFS and stucco, defective flat roofs, and incorrect fire resistive assemblies. We were able to resolve the Association’s claims for a payment to the Association of $2,883,937, after payment of all fees and costs.
Single Family Neighborhood Retaining Wall Case -- $2,814,000
This single-family neighborhood had retaining walls between the backyards of many of the homes. The walls were constructed without careful compliance with the structural plans for the walls. As a result the walls were suffering from several locations of bulges and cracks and one location where the wall collapsed. We were able to resolve this case for $2,814,000, after payment of all fees and costs.
Mixed-Use Commercial and Residential Mid-Rise Building – $1,610,000
This community is a multi-story building located in an urban neighborhood. The community had residential owner-occupied condominiums, rental apartments, commercial units, office units, and underground parking facilities. There was pervasive water intrusion at the roof, balconies, doors and windows, and at the elevated terrace. Additionally, there were mechanical problems, significant stucco cracking and deterioration, and failure of concrete. We were able to settle this case for $1,600,000, after payment of all fees and costs.
Mixed-Use Commercial and Residential Mid-Rise Building – $1,049,000
This four-story mixed downtown commercial and residential building experienced water intrusion at balconies, drywall cracking, and a courtyard that leaked into the building and into an underground parking garage. We were able to settle this case shortly before trial for $1,048,000, after payment of all fees and costs.