Representative Defect Cases – Commercial/Institutional
Wild Horse Resort and Casino
The Aldrich Law Office represented the Confederated Tribes
of the Umatilla Indian Reservation regarding defects in a large
casino expansion that resulted (in large part) from the general
contractor going bankrupt and abandoning the project before
substantial completion. Defects involved the flooring system,
the roof system, and the HVAC system. A settlement with the
general contractor’s liability insurer and bond company
was achieved, as well as settlements with certain subcontractors.
A three week arbitration was necessary to resolve the HVAC
claims, in which the Tribe prevailed and was awarded damages
and attorneys fees. All total, the Tribe achieved a 2.4 million
dollar recovery for the defects and damages on a very difficult
claim.
Devonwood Equestrian Center
The Aldrich Law Office represented the owner of a large equestrian
arena building that suffered from roof and framing defects. On
the second day of trial, a high six figure settlement was reached
that reimbursed repair costs and damages despite the numerous
legal and factual difficulties the case presented.
Irvington Corner Retail Center
The Aldrich Law Office represented the owner/developer of a
boutique retail center that suffered from stucco defects in its
high end artisan finish. The first day of trial, a settlement
was reached that reimbursed repair costs. A special challenge
in this matter was addressing tenant impacts during repairs.
Four Points Hotel
The Aldrich Law Office represented the general contractor in
litigation against subcontractors for reimbursement of repair
costs the general contractor incurred in repairing subcontractors’ defective
work for owner. The general contractor obtained a substantial
six-figure settlement which reimbursed all costs and attorney
fees, while maintaining a positive relationship with the owner.
Community Action Organization
Community Action is a private non-profit corporation organized
to provide services to low income families and children in Washington
County. The Aldrich Law Office agreed to represent Community
Action at a discounted rate in its suit against the original
builder of its administrative building and Head Start childcare
center. We successfully negotiated a settlement over half a million
dollars despite significant legal and factual hurdles.
Gerber Properties
The Aldrich Law Office represented the owner of two office buildings
regarding construction defects. The original contractor
repaired the defects, and repair costs were reimbursed by insurance
carriers.
University Station
The Aldrich Law Office represented the owner/developer of University
Station in Salem, Oregon. Again, the Aldrich Law Office
adopted a two-pronged approach to seek reimbursement of repair
costs (property insurance claim; litigation against the builder)
netting a seven figure recovery.
Pacific Place Retail/Office Center
The Aldrich Law Office represented the owner/developer of the
Pacific Place Retail/Office Center in two separate litigations
to recover repair costs. The first litigation was filed against
the builder (and its subcontractors and suppliers) for defects
and water intrusion damages. The second litigation was filed
against the owner/developer’s property insurance company
for coverage for the severely damaged and rotten structural members
(i.e., “collapse” conditions). In the property insurance
litigation, the federal court issued an opinion on insurance
coverage that is beneficial to property owners throughout Oregon.
See Richardson v. Travelers Insurance Company, 2004 WL 1173186
(D. Or. May 25, 2004). See also Schray v. Fireman’s Fund,
402 F Supp 1212 (D. Or 20050). Both cases were successfully resolved,
and allowed the owner/developer full recovery of repair costs
and attorneys fees.
Thomas Edison
The Aldrich Law Office represented Thomas Edison School with
regard to construction defect claims. The Aldrich Law Office
negotiated a repair agreement with the original contractor and
architect. Repair costs were reimbursed by the insurance carriers,
leading to a successful resolution after minimal litigation.
Wilsonville Business Center/148th Airport Way Industrial Park
The Aldrich Law Office represented the developer/owner of two
office complexes regarding construction defects. The Aldrich
Law Office worked out an agreement wherefore the original contractors
and subcontractors would come back and conduct repairs, and the
developer/owner would be reimbursed full repair costs from the
insurance carriers. The case involved minimal litigation.
Representative Defect Cases – Apartment
Buildings
The Commons
The Aldrich Law Office represented the owners of a 3-building,
284-unit, mixed-use residential community that provided low-income
housing, senior housing, and traditional market-rate apartments.
The case represented many technical and legal challenges and
required a full team effort to resolve. Our office obtained a
settlement of $5.7 million dollars, which will likely provide
funding for nearly all of the necessary repairs.
Willamette Estates
The Aldrich Law Office represented the owner/developer/builder
of a large luxury Apartment complex named Willamette Estates
in Salem, Oregon in pursuing claims against the civil engineer
and architect of record for the construction of the project.
The claims were for expenses and repair costs incurred in defending
claims levied against the client for alleged violations of the
United States Department of Housing and Urban Development Fair
Housing Act. The civil engineer and architect were defended by
seasoned attorneys from the two largest law firms in Oregon,
Stoel Rives and Schwabe Williamson and Wyatt. After over two
years of fierce technical code driven litigation, The Aldrich
Law Office obtained a large six figure settlement from a combination
of the civil engineer and architect and their insurance carriers.
Terrazzo Properties
The Aldrich Law Office represented the owner of a 51 unit apartment
complex that suffered from a variety of construction defects,
including foundation, siding and roof defects. Utilizing efficient
litigation strategies, the Aldrich Law Office successfully negotiated
a seven figure settlement that reimbursed ongoing repair costs,
well in advance of trial.
Nuevo Amanacer
Nuevo Amanacer is a non-profit low-income housing complex for
persons performing agri-farm related work in Marion County. The
Aldrich Law Office represented the owners in their first-party
insurance claim, and successfully obtained nearly $300,000 for
collapse-related damages to both phases of the complex. In addition,
The Aldrich Law Office litigated against the contractors of the
Phase II development and resolved those claims for a settlement
of an additional $475,000.
Cascade Crossing
The Aldrich Law Office represented the owner of a six-building,
74 unit apartment complex in Portland suing the original builder
for defects related primarily to deck construction. We
obtained a settlement from the builder sufficient to completely
rebuild all decks at the property.
Emerald Village
The Aldrich Law Office represented the owner of a 96-unit apartment
complex in Springfield, Oregon suing the original builder for
defects related to vinyl siding installation. Near the end of
litigation, the builder agreed to completely remove and re-install
the siding, and the builder paid an additional amount to cover
the owner’s attorney fees.
Aginsky
The Aldrich Law Office represented the owners of an apartment
complex that suffered damage as a result of a re-roofing process
gone awry. Recovery was made against the roofing contractor
for damages after litigation despite a lien claim by the roofer.
Fanno Creek Apartments
The Aldrich Law Office represented the owner/developer/general
contractor regarding reimbursement for repair costs spent to
correct failing decks at a large apartment complex. The
Aldrich Law Office adopted a two-pronged approach to seek reimbursement: first,
we obtained settlement with the property insurance company regarding
collapse conditions on the decks; secondly, we filed legal action
against responsible subcontractors leading to settlement.
Representative Defect Cases – Condominium/Townhomes
Hilltop Condominiums
The Aldrich Law Office obtained a $2.3 million dollar verdict
for a 108 unit conversion condominium association for deck repairs. The
verdict reflected 100% recovery of deck damage. And repair
cost evidence presented by the association. Over 30 witnesses
were called over the course of the complex six-week trial. Attorney
fees were also awarded. This extraordinarily difficult case
involves appeals, insurance disputes, and collection activity. The
Aldrich Law Office recently concluded an insurance coverage trial
that presented numerous and important insurance coverage issues
under a condominium policy.
Alderbrook
The Aldrich Law Office took over a case that had been languishing
for years. Within 4 months of takeover, we had developed
a strategy for success against a national builder and obtained
a seven-figure settlement, which of repair costs for a full scope
repair. This case was significant in aspects of owner involvement
and communication, repair scopes and bid coordination/analysis,
and aggressive representation. The case highlighted
a new process being developed by The Aldrich Law Office in construction
defect resolution and repairs.
Linden Village
The Aldrich Law Office represented the homeowners association
of this 30 unit condominium development located in Milwaukie, Oregon. The
association filed litigation against the developer and the general
contractor of the project, ultimately obtaining just short of $1
million dollars in settlement for the owners within a few weeks
of trial after depositions and two mediations. This settlement
was obtained in spite of substantial insurance coverage hurdles
to jump through related to strong coverage exclusions in the general
contractor’s insurance policy. In the case, the developer
paid one of the subcontractor’s share of the settlement to
the association and pursued that subcontractor at trial. The
Aldrich Law Office attorney Kevin A. Eike, who represented the
association in the underlying case, testified in that trial which
resulted in a substantial verdict against the subcontractor. The
developer also used the association’s expert and repair bids
to present to the jury at trial.
Marshall Wells
The Aldrich Law Office represented the association of owners at
the Marshall Wells Lofts, a 7 story 1910 concrete warehouse which
was converted into 167 luxury loft style homes located on 14th
and Lovejoy in the prestigious Pearl District of northwest Portland
on two separate occasions. First, The Aldrich Law Office
negotiated a resolution for a confidential settlement amount with
the developer, general contractor, and design professionals who
converted the building into loft style homes. As part of
that settlement process, the association and The Aldrich Law Office
retained the services of a well known architectural building science
professional to inspect the building with the purpose of determining
the extent and cost of necessary repairs. A few years later,
when it was apparent the amount received was insufficient to repair
the building, The Aldrich Law Office represented the association
in pursuing a claim against the architectural building science
professional who was hired to assist the HOA in the prior claim
against the developer, general contractor and design professionals. This
claim against the architectural building science professional was
resolved at mediation for a confidential amount after litigation
had been filed and depositions occurred.
Orenco Station
The Aldrich Law Office represented multiple townhome associations
(hundreds of units) and individual owners settlement and performance
of repairs costing in excess of $15 million all without litigation.
The cases are an example of the combination of efficient lawyering
and responsible developers.
Quimby Townhome Condominiums
The Aldrich Law Office represented the Quimby Townhome Condominium
Association (30 units) in Northwest Portland with regard to defects
and damages. A significant multimillion dollar settlement on the
eve of trial was reached for the Association, allowing full (+)
reimbursement of repair costs and attorney fees. This result was
a premiere example of teamwork between the Association Board, Association
Committees, Community Manager, and the Aldrich Law Office to achieve
a great result.
Springville Townhomes
After three weeks of jury trial, the Aldrich Law Office achieved
a multi-million dollar settlement for the Springville Townhomes
Owners Association (71 units). Many homeowners testified in the
litigation, in addition to experts and adverse witnesses from the
developer/contractor side. This case is a proto-type for management
of future Association trials in complex construction defect litigation.
This was another example of great teamwork with the Association
Board, Association Committees, Community Manager and The Aldrich
Law Office.
Vista House Condominiums
Several years after turn-over, the owners of a premier condominium
complex (24 units) in the west hills of Portland discovered potential
problems regarding the weatherproofing of the structures. What
the owners initially thought was a maintenance problem turned into
a nightmare of construction defects. After nearly two years of
contentious litigation, The Aldrich Law Office used its expertise
to obtain a very substantial multi-million dollar settlement (one
of the largest, if not the largest, condominium defect settlement
in the Portland metro area) for the owners.
16th Place Condominiums
The Aldrich Law Office represented unit owners in the 16th Place
Condominium Association (11 units) with regards to defects and
damages. The case had serious insurance coverage questions involving
bankrupt and shell corporations (including back up insurers), but
was successfully settled. The owners obtained a mid-six figure
settlement to reimburse repair costs.
Denney Road Row Homes
The Aldrich Law Office represented unit owners in the Denney Road
Rowhomes Unit Owners Association (14 units) with regards to defects
and damages. A seven figure settlement was achieved on the eve
of trial and literally in the courthouse, allowing reimbursement
of repair costs and attorney fees. Litigation was hard fought,
and the unit owners were efficiently and effectively involved in
obtaining the result.
Roth Estates
The Aldrich Law Office represented unit owners (5 owners) in Roth
Estates with regard to construction defect and damages; and recently
obtained a six figure settlement. The case was settled with minimal
litigation.
Shiloh Heights Townhomes
The Aldrich Law Office represented unit owners in the Shiloh Heights
Townhome Association (8 units in two buildings) in Southwest Washington
with regard to defects and damages. The case had serious insurance
coverage questions involving bankrupt and shell corporations, but
was successfully settled. The owners obtained a mid-six figure
settlement to reimburse repair costs.
Orenco East Village Condominiums
The Aldrich Law Office negotiated a settlement for the Orenco
East Village Condominiums (210 units) in a litigation against the
builder and developer of those condominiums. The large multi-million
dollar settlement (one of the largest, condominium defect settlements
next to Vista House, in the Portland metro area) is one of the
most efficient obtained by The Aldrich Law Office. Fees were less
than 10% of the total settlement. A significant factor in this
great settlement was the work of the committees set up by the Association
Board and The Aldrich Law Office, as well as the work of the community
manager.
McKenzie Lofts Condominiums
The Aldrich Law Office negotiated a settlement for the Association
(74 units) where the developer/builder/architect designed a repair
plan, performed over $1,500,000 worth of repairs, and provided
the owners with additional five year “bulletproof” warranty.
Allocation of responsibility for one aspect of repairs (roof/deck
structure) was arbitrated, with a successful result for the HOA.
Orenco Place Townhomes
The Aldrich Law Office recently settled a case for the association
and owners of the Orenco Place Townhomes Association (64 units)
with the developer and builder with respect to defects. After hard
fought litigation, the case was settled for a favorable seven figure
sum, allowing repairs and reimbursement of attorney fees. The pro
active involvement of the Association Board, committees, and community
manager was critical to the result.
Quail Hollow Townhomes
The Aldrich Law Office negotiated a settlement for the owners
(6 units) where the builder/developer funded several hundred thousand
dollars of repairs.
Bridgeton Road Townhomes
The Aldrich Law Office negotiated a settlement for the owners
(6 units) where the builder/developer and other responsible subcontractors
funded a repair contractor to perform several hundred thousand
dollars of repairs to the townhomes.
Sellwood Commons Condominiums
The Aldrich Law Office prosecuted a construction defect and damage
claim for unit owners and the association (10 units) regarding
siding and deck problems at the Sellwood Commons Condominiums.
The case was successfully settled. The owners obtained a mid-six
figure settlement, enough to fund repairs and reimburse attorney
fees.
View Point Rowhomes
In what started to be a siding, window and deck defect problem,
the View Point Rowhome owners (3 units) discovered serious structural
deficiencies with respect to retaining walls and the structure
of their building, which forced them to move out. The Aldrich Law
Office successfully negotiated a buy-back of the units from the
developer, and a reimbursement of attorney fees and other costs,
for a seven figure sum.
Pearl Lofts Condominiums
Owners in the Pearl District’s flagship condominium project
(24 units) discovered extensive window problems and defects in
the building envelope. The developer, general contractor, and window
manufacturer attempted repairs, (which did not work), and then
refused to undertake further repairs. The owners retained The Aldrich
Law Office to prosecute the claim, which was one of the first construction
defect cases filed for a condominium in the Pearl District. Combining
an aggressive litigation and public relations strategy, a seven-figure
settlement was obtained that allowed the owners to fully repair
their units without financing, and reimburse the owners’ attorney
fee expense.
Villas on the Lake I Condominiums
The Aldrich Law Office negotiated a settlement for the owners
(14 units) where the builder/developer funded and performed several
hundred thousand dollars of repairs to the condominiums.
La’Torre Condominiums
Dean Aldrich represented a general contractor in one of the first
trials in the Portland metropolitan area regarding significant
and widespread condominium construction defects. The general contractor
had settled out with the homeowners (20+ units) for a seven figure
amount and the builder then successfully went to trial in an action
against the developer/architect and subcontractors in order to
obtain contributions for those parties’ share of the damages.
This case was initially responsible for establishing Dean Aldrich’s
expertise in the field of construction defect litigation, which
in turn led to the formation of the Aldrich Law Office, P.C.
Representative Defect Cases – Single-Family Homes
Forrest Heights Homeowner
The Aldrich Law Office represented a Forrest Heights homeowner
in a construction defect action involving their custom home.
The case involved repair costs in excess of $220,000 which involved
completely removing all of the Exterior Insulation Finish System
(EIFS) synthetic stucco siding from all four elevations of the
home, removal and reinstallation of over 50 windows, reconstructing
three decks, and performing significant excavation to remedy
drainage defects. After filing suit, documentary discovery, depositions,
and two mediations, the case was favorably resolved with a $252,000
monetary settlement to our Client on the eve of trial.
Skyline Heights Homeowner
The Aldrich Law Office represented a Skyline Heights homeowner
in their construction defect action involving their custom home
against their builder and its subcontractors. Repairs were extensive
(in excess of $300,000) and involved removing and replacing all
of the defectively installed brick veneer and cedar siding, removal
and reinstallation of the windows, and reconstructing both traditional
and waterproof membrane decks. The case was favorably resolved
with a $325,000 monetary settlement at mediation.
West Hills Homeowner
The Aldrich Law Office represented a West Hills homeowner in
a construction defect action involving their custom home that was
built in 1997. Facing repair costs in excess of $100,000, a claim
was submitted against the builder and the builder’s insurance
companies. After filing suit, documentary discovery, and depositions,
the case resolved at mediation with a monetary settlement in excess
of $150,000.
|
