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Recent Successes

Westview Estates Homeowners Association

Westview Estates is a residential community comprising of 24 single family detached homes, located in South Seattle. Construction began in 2000, upon receipt by the developer of a three million dollar development loan by Washington First International Bank. Eventually, over the course of three years of construction, the loan was increased to slightly more than four million dollars. Despite the additional money, by 2004 it was clear the developer was unable to complete and sell more than 12 of the 24 homes. The developer defaulted on its Washington First International Bank loan in early 2004. Thereafter, the Bank took the property back from the original developer and created its own, wholly owned subsidiary, RE Property. The Bank created RE to complete the construction and sell the homes for a profit. However, in 2007 the City stopped the Bank and its subsidiary from attempting to sell any more of the homes. In 2007 City of Seattle building inspectors identified significant construction defects pertaining to the underground utilities, retaining walls and other aspects of the construction and, as a result, issued multiple Notices of Violation, with associated fines and penalties.

Somerset Park Condominium Association v. The Quadrant Corp. v. ET. al.

Somerset Park is a 134-unit condominium community located in Everett, Washington. Somerset was built between 1998 and 1999, and developed by The Quadrant Corporation.

Approximately five years after the project was completed, the Somerset Homeowners Association commissioned an envelope study. The inspection revealed numerous violations of the building code, architectural plans and construction industry standards. The defects included: improper roof installation; problems with the installation of the weather resistive barrier; improper foundation and concrete work; siding and window installation issues; and installation problems with the project’s gutters.

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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.

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Casey & Skoglund go after MacDonald Miller Residential and, on behalf of their clients, SCORE A BIG ONE!

The question remains who is going to pay for this mess. One target is MacDonald-Miller, although Chris Casey, an attorney for the homeowners, said that MacDonald-Miller is arguing that the corporate entity that installed the systems no longer exists.

Chuck Orton, the president of MacDonald-Miller Residential, said he was one of the partners in the old McDonald-Miller organization that was sold to Group Maintenance America Corp. in 1997. MacDonald-Miller Residential was not one of the entities sold. Orton briefly went to work for GroupMAC/Encompass in Houston. He left Encompass and, with other partners, bought the assets of MacDonald-Miller Residential in July 2001. Since Encompass filed for bankruptcy, some other key players bought back MacDonald-Miller and are operating it as MacDonald-Miller Facilities Services, Orton said.

“This particular business is a different company with different ownership that the company prior to July 2, 2001,” said Orton, who commented that he’d probably said far more than his lawyer would be comfortable with. He said the lawyer for the insurance companies of the predecessor firm was handling the lawsuits. The lawyer did not return phone calls from CONTRACTOR.

“MacDonald-Miller Residential was purchased in 2001 by a holding company that retained the name and the employees and it goes under another name,” explained attorney Casey. “And since the purchaser is not the company that did the install, we got nobody to sue, so it’s crafty as hell.

“They saw this coming down the pike in 2000 and 2001 when they started getting complaints from homeowners, so they sold the company,” Casey continued. “They’re still using MacDonald-Miller trucks and people but technically they don’t exist.”

Casey estimates that it will cost $25,000 per unit for repairs.

Meanwhile, Murray figures all the units must be completely re-piped within the next 12 months or else risk huge property damage.

“I have hundreds of people madder than hell who want their systems fixed,” he said.

Read the full article at www.contractormag.com