Casey & Skoglund, PLLC

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.

As a result of the homeowners’ and Banks’ inability to reach resolution on the question of who should be liable for the defects and fines, litigation ensued. The homeowners were directed to Casey & Skoglund PLLC by a respected Seattle area defense attorney, familiar with the more established names in the field of construction defect litigation. Washington First International Bank, in turn, hired K&L Gates, a well known and established international law firm with offices located on three continents and employing more than 1,800 full time attorneys. This litigation would turn out to be one of the most intense cases handled by Casey & Skoglund PLLC in the past five years. After approximately 70 hours of deposition testimony and more than a dozen pretrial motions, after 16 months of hardcore litigation, on the Friday before the Monday trial was to begin, the Defendants finally agreed to enter into a settlement agreement with the homeowners that ensured the homeowners received an amount of money equal to the costs of all required repairs, and that reimbursed the homeowners, in full, for all of their litigation related costs and attorney fees. While the specific terms of the agreement are confidential, at the request of the Bank and its subsidiary, the homeowners are 100% compensated for all of the problems and heartache ensuing as a result of the poor construction.

Though the case is resolved, Casey & Skoglund PLLC is currently working with the Westview Estates community to ensure all of the construction work is performed in accordance with applicable building Codes and law. This includes continuing interaction with the contractors and materialmen assisting with the repairs, and City of Seattle inspectors and officials. We are, of course, providing these ongoing services at no charge and at no cost to our former clients. Our efforts, on behalf of our clients, do not simply end when we achieve a successful result.

Where there is any service we can provide our friends and clients, even after litigation, we do not hesitate. Our profession should demand nothing less.