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Verdicts & Settlements

Verdicts & Settlements

The construction boom in the Southwest has led to a rise in the use of untrained and unskilled labor… leading to shoddy workmanship, code violations and poor building practices… who's responsible?

Your builder is responsible for the cost to remedy defects from construction of your home, condo, or office condo.

For over twenty five years, DCS has been providing experienced, reliable and committed legal resources to homeowners and homeowner associations in construction defect litigation. A review of our Verdicts and Settlements below highlights recent successes for homeowners and their associations.

Greystone Homeowners Association $2,100,000.00

Developer: Bramalea California, Inc.
This 149-unit townhome project in Mission Viejo faced problems which included leaks at roofs, windows and decks. Numerous difficulties/impediments existed in prosecuting this claim, including a bankrupt developer and a complete lack of project records, making identification of all of the involved subcontractors impossible. These factors made the success achieved on behalf of the association that much more remarkable.
Settlement - $2,100,000.00
Duration - 36 months
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Serabrisa Maintenance Corporation ( subject to confidentiality clause ) $2,900,000.00

Developer: Confidential
This 200-unit condominium project which is located in Rancho Santa Margarita experienced significant water intrusion at the decks, windows and roofs. Additional problems included, stained and spalled stucco, along with structural and mechanical issues. Dicks & Coglianese was able to achieve a substantial recovery for the majority of plaintiff's claimed damages in an extraordinarily short time frame.
Partial Settlement - $2,900,000.00
Duration - 8 months
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Heritage Place Community Association $1,150,000.00

Developer: Kaufman and Broad
This 74-unit Anaheim association suffered from a variety of construction defects including water intrusion problems with the roofs and windows and concrete driveway failures.
Settlement - $1,150,000.00
Duration - 16 months
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The Villas at Aliso Viejo $3,139,500.00

Developer: Confidential
This 181-unit project located in Aliso Viejo experienced a variety of construction defects including, roofing problems, decks and windows. Dicks & Coglianese was able to achieve a substantial recovery for the majority of plaintiff's claimed damages in an extraordinarily short time frame.
Partial Settlement - $3,139,500.00
Duration - 9 months
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Costa Brava Homeowners Association $2,300,000.00

Developer(s): Domain Developers, Inc. and Buie Communities
This 176-unit common interest development which is located in Rancho Niguel suffered from a variety of construction defects including, leaky decks and windows, and roofing problems. Dicks & Coglianese stepped in and replaced Costa Brava's original counsel and achieved this result within approximately sixteen months.
Settlement - $2,300,000.00
Duration - 16 months
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California Court Community Association $500,000.00

Developer: Kaufman and Broad
Dicks & Coglianese was retained to negotiate a settlement for 49 decks and stairs systems within the community that were suffering from water intrusion.
Partial Settlement - $500,000.00
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Rancho San Rafael Community Association $1,400,000.00

Developer(s): Calprop Corp., Ryland Homes
This 80 unit townhome development was constructed by two developers in the early 1990s and is located in Glendale experienced defects including water intrusion through roofs and windows, as well as cracked stucco.
Settlement - $1,400,000.00
Duration - 14 months
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Alicante Maintenance Corporation $2,575,000.00

Developer: J.M. Peters, Inc.
This 132 townhome development located in Rancho Santa Margarita experienced several construction defects including water intrusion through roofs and windows, as well as cracked stucco.
Settlement - $2,575,000.00
Duration - 16 months
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Huntington Condominium Association $6,300,000.00

Developer: Beazer Homes and Watt Homes
This 423-unit condominium development which is located in Orange experienced a variety of construction defects including water intrusion problems with the decks, windows, doors, and roofs and improper site drainage.
Settlement - $6,300,000.00
Duration - 18 months
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Dakota Homeowners Association $1,400,000.00

Developer(s): Western Pacific Housing
This 212 unit condominium development located in Trabuco Canyon, experienced limited deficiencies with site drainage and area separation walls in attics, as well as isolated window leaks.
Settlement - $1,400,000.00
Duration - 18 months
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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
DETAILED ANSWER

Top FAQs About Construction Defects

What constitutes a construction defect for which a builder may be legally responsible?
The answer to this question is multi-faceted and broad in scope, ranging from complex structural issues which threaten the integrity of buildings, to aesthetic issues such as improperly painted and deteriorating wood trim around windows.
Will a lawsuit prevent me from selling or refinancing my home?
Certain lenders and mortgage companies have reservations about lending to properties in litigation. However, as these types of lawsuits have grown to be quite common, more and more lenders and mortgage companies have changed their policy in that regard.
Are there applicable filing deadlines? How long do I have to bring a lawsuit?
California - There are three statutes of limitation which apply to construction defect cases in California. The first such statute (C.C.P. §337.15) requires the homeowners association or homeowner to file suit no more than ten years after "substantial completion" of the home.
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.