(602) 254-4222 28 North Center Street, Mesa, AZ 85201

Your Case What To Expect

Expertise

Serving Clients in Arizona and California

DCS represents homeowners and homeowner associations in Arizona and California. Each state has unique statutes governing construction defects and the litigation process. This section provides an overview of these processes and what our firm will do when representing your association in a construction defect claim.

Construction Defect Litigation - Arizona

Dicks, Coglianese & Shuquem will perform the following for your Association:

Pre-filing Process in Arizona:

After your community association hires our firm, we thoroughly investigate the suspected defects and evaluate the Association's legal position. The review usually includes the following steps:

  • Distributing a detailed questionnaire to all homeowners and analyzing their responses.
  • Inspecting documents filed by the developer with the Department of Real Estate.
  • Analyzing and summarizing a variety of association documents, including the CC&R's, meeting minutes, and repair records.
  • Apartment Building Owners
  • Reviewing with the association board of directors and manager the experts' preliminary findings regarding the defective conditions.

Before the lawsuit can be filed, the Association must first comply with the requirements of A.R.S. §33-2002. This statute generally requires the association to hold a meeting if its members, and disclose in writing prior to the meeting being conducted the following

a. How the action will be funded

b. All demands, notices and any offers to settle.

Litigation Process in Arizona:

After your community association hires our firm, we thoroughly investigate the suspected defects and evaluate the Association's legal position. The review usually includes the following steps:

The legislation generally requires the following:
  1. At least 90 days before filing a construction defect lawsuit, the homeowner, or association, must provide written notice to the Seller/Builder specifying in reasonable detail the basis of the lawsuit to be filed.
  1. The Seller/Builder may request an inspection and perform testing in order to determine the nature and cause of the defects upon reasonable notice.
  2. The Association must make the property available for inspection within ten (10) days.
  1. Within 60 days after being served, the Seller/Builder must send to the association a written response offering repairs or money. If repairs or replacements are offered, the response must include, in reasonable detail, repairs to be made, and an estimated date by which they will be completed.
  2. If the Seller/Builder fails to respond within 60 days, the lawsuit proceeds without waiting the full 90 days.
  3. Twenty (20) days after receiving the defendant's response, the association must send a written reply, and either accept or reject the Seller/Builders offer. If the association rejects the offer made by the Seller/Builder, the association must explain why and may make a counter-offer.
  4. The Seller/Builder has ten days after receiving the association's reply to make its "best and final offer."
Admissibility at Trial:
  • a. A purchaser's failure to provide a good faith notice to seller.
  • b. A purchaser's failure to allow a reasonable inspection requested by a Seller.
  • c. A purchaser's failure to provide a good faith, written response to Seller's offer.
  • d. A Seller's failure to respond in good faith to the purchaser's notice.
  1. The association may amend its original defect list with new defects identified in good faith after submission of the original list.
  2. The Seller/Builder can then conduct an additional inspection of the new defects and make a settlement offer.
  1. The successful party shall be entitled to recover their reasonable attorneys' fees, expert fees and costs.
  2. The successful party is determined by the amount awarded v. the best offer made by the Seller/Builder.
  1. If a contract for the sale of a dwelling or an association's community documents contain commercially reasonable alternative dispute resolution procedures set forth in the contract in bold and capital letters.
  2. To personal injury claims.
  3. To death claims.
  4. To claims for damage to property other than a dwelling.
  5. To common law fraud claims.
  6. To proceedings brought pursuant to Title 32, Chapter 10 relating to contractors.
  7. To claims solely seeking recovery of monies expended for repairs to alleged defects that have been repaired by the association.
  • 60 days - Answer by Developer and filing of cross-complaint against subcontractors;
  • 35 days after Case Management Order or first appearance;
  • All parties to answer interrogatories and deposit non-privileged documents;
  • Response to insurance statement due;
  • Response to statement of work due;
  • 90 days - Preliminary defect list due;
  • 120 days - Last day to add new parties;
  • 150 days - Joint interior site inspections;
  • 5 months - Joint intrusive testing;
  • 9 months - Final list of defects due by Plaintiff;
  • 10 months - Plaintiff's cost of repair due;
  • 11 months - Settlement demands due from developer to subcontractors;
  • 12 months - Commencement of mediations;
  • 13 months - Percipient depositions;
  • 15 months - Expert Depositions;
  • 16 months - Settlement conference;
  • and18 months - Trial.

Communication With Homeowners and Board of Directors

Homeowner Meetings

Dicks, Coglianese & Shuquem will attend every homeowner meeting upon request and annual homeowners association meetings to advise and update the membership and provide continuity for any new board members.

Defect Dateline Communications to Homeowners

Dicks, Coglianese & Shuquem will update the membership in writing either on a monthly or bi-monthly basis outlining the progress of the Association's claim.

In addition, Dicks, Coglianese & Shuquem will:
  • Respond to individual homeowner calls about the case and about repair problems.
  • Prepare and mail status letters to the homeowners.
  • Answer questions from realtors, potential buyers and financial institutions.

Construction Defect Litigation - California

Dicks, Coglianese & Shuquem will perform the following for your Association:

PRE-FILING PROCESS IN CALIFORNIA:

After your community association hires our firm, we thoroughly investigate the suspected defects and evaluate the Association's legal position. The review usually includes the following steps:

  • 1.Distributing a detailed questionnaire to all homeowners and analyzing their responses.
  • 2.Inspecting documents filed by the developer with the Department of Real Estate.
  • 3.Analyzing and summarizing a variety of association documents, including the CC&R's, meeting minutes, and repair records.
  • 4.Attending on-site investigations with the association manager and qualified experts such as an architect and engineer.
  • 5.Reviewing with the association board of directors and manager the experts' preliminary findings regarding the defective conditions.
  • 6.Calderon Notice - Dicks, Coglianese & Shuquem will prepare and serve the CC§1375 Calderon Notice and provide you with a detailed summary of that process.
  • 7.Generally the Calderon process includes negotiations with the developer, schedules of site inspections, testing, mediation, and another pertinent information.

Litigation Process in California:

Filing of the Complaint

Dicks, Coglianese & Shuquem will file a formal complaint (if matter is unresolved in typical 180 day CC§1375 process) and continue to prosecute the CLAIM.

The following will occur after the complaint is filed:

  • 60 days - Answer by Developer and filing of cross-complaint against subcontractors;
  • 35 days after Case Management Order or first appearance;
  • All parties to answer interrogatories and deposit non-privileged documents;
  • Response to insurance statement due;
  • Response to statement of work due;
  • 90 days - Preliminary defect list due;
  • 120 days - Last day to add new parties;
  • 150 days - Joint interior site inspections;
  • 5 months - Joint intrusive testing;
  • 9 months - Final list of defects due by plaintiff;
  • 10 months - Plaintiff's cost of repair due;
  • 11 months Settlement demands due from developer to subcontractors;
  • 12 months - Commencement of mediations;
  • 13 months - Percipient depositions;
  • 15 months - Expert Depositions;
  • 16 months - Settlement conference with the court;
  • 18 months - Trial.

COMMUNICATION WITH HOMEOWNERS AND BOARD OF DIRECTORS

Homeowner Meetings

Dicks, Coglianese & Shuquem will attend every homeowner meeting upon request and annual homeowners association meetings to advise and update the membership and provide continuity for any new board members.

Defect Dateline Communications to Homeowners

Dicks, Coglianese & Shuquem will update the membership in writing either on a monthly or bi-monthly basis outlining the progress of the Association's claim.

In addition, Dicks, Coglianese & Shuquem will:
  • Respond to individual homeowner calls about the case and about repair problems.
  • Prepare and mail status letters to the homeowners.
  • Answer questions from realtors, potential buyers and financial institutions.

What Clients Say

We are very thankful that you believed in the case

I just wanted to thank you and your staff for all the hard work you did on our case. Nick and I are very appreciative of the time your firm took for us and the other class members. It was a long road to the end but we are very thankful that you believed in the case and continued to support it.

Elayne R. WilsonHomeowner, Cayman Square & Cayman Lane
We are truly grateful

Thank you all for achieving an awesome settlement for Costa Brava! We are truly grateful.

Maureen CrawleyCosta Brava Homeowners Association
Worked hard to back up its promise

Your firm was always optimistic and worked hard to back up its promise to resolve our litigation as expeditiously as possible. During the investigative process, your staff did an excellent job of managing the contractors selected to conduct the invasive testing of our homes.

Marty J. BrandtPresident, the Pueblos At Andersen Springs Association
Made the Board feel confident and well informed at every turn

Construction defect litigation is a long and arduous task, and Mr. Dicks and his team made the Board feel confident and well informed at every turn.

Lennard AnclamPresident of The Board of Directors, Serena Owners Association
We are especially pleased

We are especially pleased with the extent of your ability in protecting your client's rights and the expeditious decision of our case.

Danny Kim, et al Virgil Courts HOA, Inc.
Clearly had the Association's best interests at heart

With our litigation against Wilma Pacific now essentially concluded, I'd like to extend my thanks on behalf of the Camelot Homeowners Association to you and your firm for all of your hard work in driving it to a very successful conclusion. Christopher Coglianese and Jeff Miller deserve much of the thanks for their diligent pursuit of this case and their professional handling of the many issues that arose during the process. I enjoyed working with each of you as I think you clearly had the Association's best interests at heart

Don StevensonPresident, Camelot HOA
Everyone's performance was truly first class.

As we finish our re-construction project, I want to take this opportunity to thank you and Mike and your entire staff for all you have done for our association. Everyone's performance was truly first class. We were treated as though we were your only project. We had your undivided attention.

John KozarovichPresident, SeaCliff Court Homeowner's Association
Diligent expertise in handling our defect case

On behalf of the Board of Directors and homeowners of Morning Sun Condominium Owners Association I would like to express our sincere gratitude for your diligent expertise in handling our defect case.

Nancy P. LucePresident
Verdicts & Settlements

Verdicts & Settlements