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Testimonials
Tony Baker, Westview Homeowner
I want to pass Laura and my great appreciation to Casey and you all for your great work and dedication to our problem! You’ve really made a difference in our lives here!
Anita Thompson, Westview Estates HOA president
Even though you and Adil are pros, the board and plantiffs at Westview Estates sometimes felt as if we were engaged in a David versus Goliath battle against some very high-powered and well-financed players.
The 16 Step Process
1. A unit owner notices a problem, i.e. water stains and/or dampness, ponding water at unit decks or common walkways, and/or inferior interior workmanship to name only a few;
2. The problem is brought to the attention of the Board;
3. The Board provides each owner with a copy of our general questionnaire/checklist that the owners complete;
4. Our firm is contacted and/or a construction expert is contacted;
5. With the assistance of a construction professional and/or the Board's chosen attorney, working in concert with a construction professional, the Board determines the scope of required initial forensic investigation;
6. With the assistance of a construction professional and the Board's chosen attorney, the Board determines how to finance investigation and litigation costs, i.e. a special assessment, loan or other reasonable means;
7. A preliminary limited expert report is issued and provided to the Board and the Board's attorney;
8. Pursuant to statutory requirements, the HOA, with assistance from its attorneys, serves upon the builder a "Notice of Construction Defect" letter.
9. Depending on a number of factors, including relevant time limitations, the report forms the basis to file a lawsuit in order to secure financing from the parties responsible for the defective construction, i.e. insurance carriers, sub-trades, contractors and/or the developer;
10. Your construction professional conducts an extensive investigation to determine the degree of construction problems;
11. With the assistance of your construction professional, the Board makes a determination whether interim repairs are required;
12. The settlement process may begin after all parties are identified and have responded to the Homeowner claims;
13. The parties' respective construction experts reach agreement as to the scope of required repairs, and agreement as to the cost of those repairs;
14. Through the settlement process, including mediation, the parties reach agreement as to an accurate and fair settlement that may cover the cost of construction, investigative costs, litigation costs and attorney fees.
15. Where agreement is not reached either as to the scope of required repairs, or the costs of those repairs, our trial team, including our construction professionals, aggressively proceeds with the litigation process, i.e. preparation for trial.
16. Currently, four out of five condominium construction defect claims settle prior to the first day of trial. The facts particular to each Association's construction problem makes every case unique.