Case Studies
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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 Studies – 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.
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