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By filing a defect lawsuit, what type of damages can I recover?


The typical measure of damages obtained in a construction defect suit regarding residential property is the "cost of repair." Thus, a homeowners association may obtain the costs of repairing the defective common areas and any damages that result from the common area defects. Additionally, expert fees and costs for the forensic investigation are recoverable. An association is also entitled to temporary repair costs it may have expended in its attempts to remedy or mitigate the defects. Finally, the costs of relocation are recoverable . Temporary relocation often becomes necessary depending on the extent of the repair work. In rare instances, other types of damages such as punitive damages may be recoverable. Such an instance may be where a developer defendant acted fraudulently by failing to disclose or concealing defects it knew existed at the time of sale.
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Verdicts & Settlements
"Cantabria Shores at Ocotillo Condominium Association, Chandler, AZ $8,500,000.00"
Developer: The Lakes, LP/Prime Construction
126 unit Townhouse complex
This development was plagued with leaks at roofs, windows, and balcony decks. A partial settlement with the developer and certain subcontractors, which includes a stipulated judgment, was achieved in less than two years.
Settlement/Judgment - $8,500,000.00
Duration - 30 months