Case Results

Multi Family

MISSION COURTS II: $4,000,000

This was another large condominium complex located in Rancho Santa Margarita, California that had more than 205 units. The homeowners association contacted our law firm with significant claims about water intrusion through the roofs and windows. Through our investigation, we also found deficiencies with concrete, drainage, and structural items. Our team of experts presented reasonable and efficient methodologies which eventually resulted in a settlement of approximately $4 Million Dollars.

MONACO HOME OWNERS ASSOCIATION: Confidential

This project consists of 408 condominium units located in Anaheim Hills, California. The multi million dollar construction defect claim centered around water intrusion through roofs, windows, decks and also involved claim concerning concrete and structural connections. While a large project, litigation moved quickly and was resolved in approximately two years. The terms and conditions of the settlement are required to remain confidential, however, the homeowners were very pleased with the outcome.

SADDLE RIDGE CONDO: $2,000,000

This large project consisted of 192 condominium units in Fort Collins that had significant problems with their exterior decks. Additional problems were uncovered during the investigation which included water intrusion through the windows and improper installation of the siding. The exterior decks had been subjected to so much water that they were actually starting to rot off the buildings resulting in some of the decks being identified as a safety hazard and resulting in the homeowners not being able to use their decks during the litigation. The case was resolved without the need of a jury trial within two years of the inception of the claim and resulted in the recovery of more than $2 million dollars. These funds were not only used to make repairs to the construction deficiencies at the site, but also to actually improve on the design of the decks to assure their stability for the life of the buidings.

TRACT 40387 HOMEOWNERS ASSOCIATION: $2,120,000

This project consists of 113 condominium units. While the case was initiated due to water leaks through the roof and decks, Plaintiff was able to establish through its attorneys and experts that there were initial construction defects in the roofing system, private balcony decks, exterior stucco, exterior doors, structural connections in the framing, site drainage, and other components.

CASA DE OAKS HOMEOWNERS ASSOCIATION: $1,100,000

This association consists of 180 condominium units. The major areas of concern were deteriorating walking decks, stairs and private balcony decks. Water intrusion through the roofing system and drainage problems were also addressed.

MEADOWOOD VILLAGE HOMEOWNERS ASSOCIATION: $4,500,000

This project consists of 328 units. There were more than 40 parties involved in the lawsuit, which eventually was resolved just prior to trial. Defects were found in the roofing system, deck system, exterior stucco doors, structural framing, lack of firewalls in the party walls, drainage, fencing and plumbing.

CIMARRON OAKS IV HOMEOWNERS ASSOCIATION: $2,000,000

This project consists of 135 condominium residential units. The association's initial concern had to do with water leaks through the roofing system only, however, during litigation, defects were also found in the private balcony decks, siding trim, doors and structural framing.

PARAGON-MONTEBELLO HOMEOWNERS ASSOCIATION: $3,200,000

This case centers around a project consisting of 180 units. The association had retained other counsel to commence its lawsuit against the developer and various subcontractors. However, for various reasons, the Law Offices of Michael A. Hearn was asked to substitute as the association's new attorney in the middle of the case. While the defense was attempting to resolve this case with prior counsel for what the association had simply spent in repairs, it quickly became obvious that there were numerous construction defects which needed to be addressed. Eventually, construction defects were found in the roofing system, decks, drains, block walls, attic separation walls, site drainage (causing flooding in crawl spaces under the units), structural framing, and more.

TRACT 40388 HOMEOWNERS ASSOCIATION: $2,400,000

There are 161 condominium residential units located in this project. Plaintiff's attorneys and experts established that the cause of water intrusion through the roofing system, private balcony decks and siding was negligent workmanship during initial construction. Furthermore, counsel for the association established that defects existed in the stucco, structural framing, drainage and asphalt.

CIMARRON OAKS 11 HOMEOWNERS ASSOCIATION: $3,500,000

This project consists of 204 condominium units. The association's initial concern dealt with water intrusion through the roofing system and the deterioration of private balcony decks. During the litigation, Plaintiffs counsel and its experts uncovered additional construction defects with structural framing, balcony railings, drainage issues, inadequate nailing of drywall, deteriorating fences, and more.

TRACT 43756 HOMEOWNERS ASSOCIATION: $1,500,000

This case centered around a project consisting of 176 condominium units. The main initial concern had to do with roof and deck leaks. During litigation, lack of fire stops was discovered in the party walls and subsequently structural issues arose. Other concerns dealt with drainage, common area lighting, garage doors, and more.

PARK SHADOWS HOMEOWNERS ASSOCIATION: $5,000,000

This project consists of approximately 320 units which were largely one story "stacked" residences. The roofs were largely flat, consisting of a series of "wells" allowing the air conditioning, ducts, and other roof equipment to be hidden. Unfortunately, the water ponded severely in the wells, causing massive water intrusion through the roofing system. Other problems found during the litigation consisted of missing fire stops, structural issues, plaster issues, and drainage.

SPYGLASS VILLAS HOMEOWNERS ASSOCIATION: $3,750,000

While this project was small in size (i.e. 98 units) there were substantial plumbing and structural problems which resulted in one of the highest per units recoveries. Additionally, there were concerns with roofs, stairs, walkways and decks. The structural issues were complicated due to the fact the buildings were three stories in height.

LAKE GROVE HOMEOWNERS ASSOCIATION: $2,000,000

The units in this project, which totaled 124, were suffering from substantial plumbing problems. After Mr. Hearn was retained, it was determined that the entire hot water system was defective and needed total replacement. Additionally, management records and information from the homeowners established that there were problems with the roofing system, siding, windows, garage carports and decks.

PARK VINEYARD HOMEOWNERS ASSOCIATION: $3,300,000

This project consists of approximately 137 units. The initial problems with this project centered around deterioration in the stair system throughout the project. Additionally, the decks showed early signs of deterioration and failure. During the litigation, it was also determined that the roofing system, common area drainage, and building structure needed to be repaired.

ROSS AVENUE APARTMENTS: $1,000,000

This case concerns an apartment complex with water leaks through the flat roof system. During the investigation of this case, negligent workmanship during the initial construction was discovered in the wrought-iron balcony railing, the deck coating on the second and third floor walkways. Drainage and other concerns were addressed.

SANDALWOOD VILLAGE HOMEOWNERS ASSOCIATION: $1,200,000

This project is located in Ventura County and consists of 175 residential condominium units. The board of directors main concern were leaks in the roofing system and decks. However, defects were also found with the drainage, asphalt roads, lack of fire stops in walls and exterior doors.

SHADOW OAKS III HOMEOWNERS ASSOCIATION: $1,000,000

This was an older project located in Los Angeles County and consisted of approximately 150 residential units. The board of directors first contacted attorneys due to the water intrusion through the roofing system. During the lawsuit, other issues such as doors, fences, asphalt, and drainage were also raised as construction defects.

MISSION HOMES HOMEOWNERS ASSOCIATION: $600,000

This is a smaller project consisting of 56 condominium units, which are several single story buildings. The main concern was the failure of the roofing system.

CIMARRON OAKS VI HOMEOWNERS ASSOCIATION: $1,000,000

This project consists of 86 condominium units plus 40 duplex units. The main concerns of this project had to do with water intrusion through the roofing system, private balcony decks and exterior siding. Additional claims were established during the lawsuit which included exterior trim, doors and some structural issues.

KNOTT-LAMPSON HOMEOWNERS ASSOCIATION: $800,000

This project consists of multiple structures whose second floor units were accessible through exterior stairs and walkways. The pebble like surface on the stairs and walkways started to delaminate, which allowed water intrusion into the framing beneath them. The association's counsel and expert were able to establish that the surface was defective from its initial construction.

HERITAGE VILLAGE LA HABRA HOMEOWNERS ASSOCIATION: $1,200,000

The association for this project had retained prior counsel to initiate the lawsuit against the developer and various subcontractors. For various reasons the association decided to substitute the Law Offices of Michael A. Hearn to complete the investigation and prepare the matter for trial. At that time, the defense attempted to resolve the associations cost of repairs to the roofing system at just over $100,000. During the final stages of investigation and trial preparation, the association's counsel and experts uncovered several additional problems such as structural framing connection, substantial deficiencies in the roofing and deck coating systems, drainage issues, and more.

THE WOODS HOMEOWNERS ASSOCIATION: $200,000

This is a smaller project consisting of approximately 50 dwelling units. The association's concern had to do with water intrusion through the second floor decks. It was determined that the cause of this problem was negligent workmanship during the initial construction.

HIDDEN VALLEY HOMEOWNERS ASSOCIATION: $5,700,000

This project is located in the City of Pomona, California. It consists of 240 residential units. The main concerns at this project had to do with a Soil subsidence issue for a few of the units, as well as the water intrusion through the roofing system and windows. Deficiencies were also found with drainage, structural, fire walls and second floor decks.

BRITTANY PARK HOMEOWNERS ASSOCIATION: Confidential

As in many cases, this lawsuit started over roof leaks. This project consists of 100 residential condominium units, the majority of which complained of roof leaks. Deficiencies were also found with drainage, fences, fire walls and structural issues. The terms and conditions of the resolution of this case were not allowed to be given.

BEVERLY PARK:$1,600,000

This project consists of 40 residential condominium units. It is located in Montebello, California. The initial issue for this Board of Directors had to do With improper and inadequate installation of the sewer lines. However, during the litigation, deficiencies were found with the structural system, drainage, exterior stairs and entry decks.

SUNFLOWER FOOTHILL HOMEOWNERS ASSOCIATION: $ 600,000

This is a small project located north of Los Angeles. It consists of 27 Condominium units. The critical concern was a substantial amount of roof leaks. The Board initially thought that the Developer had died and there was no insurance, however, after an investigation the developer was located and a settlement was reached.

MOUNTAIN MEADOWS: $5,700,000

This project was originally developed partially by Western Savings & Loan Association. Due to the fact the bank had been taken over by the RTC, the litigation was handled in the Federal Courts. The project consisted of 175 units and had substantial deficiencies in the roofing system, drainage, electrical, concrete, firestops and structural issues. The project is located in LaVerne, California.

BERKSHIRE HOMEOWNERS ASSOCIATION: $1,000,000

While there were some roofing issues for this project, the main issue for the Board of Directors was excessive cracking of the exterior stucco. The project consisted of 40 units, some of which also had second floor balcony decks which were defective.

SUNSET TOWNHOMES:$2,300,000

This project had been developed by an entity which had been out of business for several years and his insurance proceeds were seriously depleted. The deficiencies were found in the roofing system, the second floor decks, electrical, drainage, structural issues, and firestops.

PARK AVENUE HOMEOWNERS ASSOCIATION:Confidential

This project is located near Northridge and sustained severe substantial damage from the Northridge earthquake. In addition to dealing with the insurance concerning the earthquake damage, the Association also proceeded with a construction defect case against the original developer. Major deficiencies were found with the structural system, underground concrete parking structure and fire-resistive issues. The terms and conditions for the resolution of this matter cannot be divulged.

MARINITA HOMEOWNERS ASSOCIATION: $1,400,000

This project is located in Dana Point, California. Due to the age of this project, only Phase II was involved in the construction defect litigation which consisted of 60 units. This project suffered from severe water intrusion through the roofing system and through the windows.

GLENDORA GARDENS: $2,000,000

This 100 unit project was located in Glendora, California. Like in may instances, this case stated due to water intrusion through the roofing system. Other problems were found with drainage, framing, and electrical.

PALM COURT HOMEOWNERS ASSOCIATION: Confidential

This construction defect case stated as a result of excessive settlement in two of the buildings at the project. The project is located in Laguna Niguel, California and consists of 236 units. The project also suffered from excessive water intrusionto the roofing system, drainage problems, structural issues, leaks through the second floor decks, firewalls damage to the exterior stairs and other issues. The terms and conditions of the resolution cannot be divulged.

PARKSIDE HOMEOWNERS ASSOCIATION: $1,100,000

This is a small project located in Glendora, California. It consists of 37 units and had one major issue with siding on some of the buildings, as well as concerns over water leaks through the roofing system. Additional defects were found on the second floor balconies and with the plaster.

PARK AVENUE EAST HOMEOWNERS ASSOCIATION: Confidential

This project was located in Reseda, California. It consisted of 80 residential units which were built over a garage. While water intrusion was part of the concerns of this Board, the defective installation of the fireplaces was the main concern. Other deficiencies were also found during the litigation. The terms and conditions of the resolution of this matter cannot be divulged.

LA TERRAZA HOMEOWNERS ASSOCIATION: $2,100,000

This project is located in Yorba Linda, California. The main issue for the Board of Directors had to do with soils subsidence for two of the building. Only the first two phases were involved in this litigation which consisted of 44 units. The Association also found deficiencies with the framing, stucco, andfire-resistive elements.

FLETCHER AVENUE HOMEOWNERS ASSOCIATION:$1,300,000

This association consisted of 60 residential units. Half of the units were townhomes while the other half were condominium units. There were major concerns with water intrusion in the roofing system, as well as obvious deficiencies with the second floor balconies. Defects were also found in the drainage system, framing and garages.

VIEW POINTE MAINTENANCE CORPORATION: Confidential

This 232 condominium project is located in Anaheim Hills, California. The construction defect case was commenced due to concerns over excessive settlement in tow buildings at the project. Additionally, water was leaking from the second floor balcony decks into the garages below. During the litigation additional deficiencies were found with the exterior stucco, exterior stairs, the crib walls, fire-resistive construction and framing. The terms and conditions of the resolution of this matter cannot be divulged.

PARK PLACE VILLAS: $2,200,000

This town home project is located in Duarte, California. The 101 units at this project all were incurring damages as a result of architectural deficiencies such as the flashing around windows and doors, roof penetrations, and drainage issues. The association’s experts were able to prevail in their arguments as to the number and type of deficiencies and eventually convince the defense consultants as to the general types of repairs necessary. This litigation resulted in the association receiving more than $2.2 Million Dollars.