Case Studies
Securing Justice: A Million-Dollar Settlement for Construction Defects in Apartment Complex
In 2022, an apartment owner discovered significant construction defects in repair work conducted over several years across various locations of their complex. The issues, particularly at the decks and windows, came to light just before the 10-year statute of limitations was about to expire.
Our firm assembled a team of experts, including a building envelope specialist and a structural engineer, to pursue claims against the repair contractor on behalf of the apartment owner.
The contractor’s insurers responded by hiring an experienced litigation defense firm and their own set of experts. Both parties engaged in extensive investigations and depositions, while the owner performed partial repairs to address structural engineering concerns and severe water damage.
The litigation spanned over a year but ultimately concluded in 2023 with a successful mediation. The settlement from the repair contractor’s insurance companies exceeded $1,000,000.
Litigating Moisture Issues: A Case of Extensive Repair and Resolution for a Retirement Community
Construction doesn’t stop during the winter here. But, builders in the winter need to take precautions to ensure that buildings don’t get closed up soaking wet.
Wet sheathing and framing that is locked up tight behind modern building paper and flashings can be damaged by rot and mold. That is what happened at a new construction for a retirement community client. The siding didn’t leak but there was extensive damage to the sheathing and framing because of trapped construction moisture.
We litigated the case for our retirement community client, filing an action against the general contractor. The general contractor in turn brought numerous subcontractors into the case as well. We litigated that case for over a year with extensive discovery and depositions.
Thanks to the help of a gifted mediator, the case was resolved in 2024 with a successful mediation, and the client was able to undertake extensive repairs that included a complete re-side.
Building on Unsteady Ground: Legal Solutions for Homes Affected by Expansive Soils
Many homes in the Willamette Valley have been built on expansive clay soils over the last ten years. That kind of soil expands and contracts with the seasons. Builders need to take special precautions when building on that substrate.
Unfortunately, some of our clients purchased new homes that heaved and settled at different points, leading to sheetrock cracks, cracks in concrete flatwork and porches, flooring breakdowns, and window and door problems.
We hired geotechnical engineering and other expert witnesses and pursued claims for a number of owners against the builders. The repair for this kind of problem is expensive, and there are not many companies that can even do the work required. The litigation for each house was complicated and involved great mediators, many different parties, engineers and others.
Eventually we were able to get the cases resolved and the owners were able to afford the needed repairs to ensure that their homes were stabilized.
Navigating Complex Litigation to Resolve Construction Defects at an Oregon Apartment Complex
An apartment owner at the Oregon Coast discovered defects at its apartment complex before the ten-year statute of limitations expired. Unfortunately, the complex had originally been built with construction defects but it took time for the damage to appear.
The defects included improper siding and window installation, and ventilation and other roof problems. We represented the owner in a lawsuit against the original general contractor of the complex. The general contractor in turn brought its subcontractors into the case.
Eventually the case included 13 different parties. As is common in complex construction defect cases, each party was represented by an insurance-appointed attorney and each party hired at least one expert witness. There were many depositions and mediation meetings.
Finally, we were able to achieve a successful settlement of the case before trial.
