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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.

Brookhollow / Ventura-Sycamore $650,000.00

Bulmer Development
This 70 unit development located in Ojai, California, had site drainage issues, rusted wrought iron fencing and miscellaneous roof leaks. The case was resolved in mediation.
16 months
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Sea Country Las Flores $2,200,000.00

Sea Country Homes
This 175 unit development located in Rancho Santa Marguerita, California, suffered from under slab plumbing leaks and miscellaneous roof leaks. The case was successfully mediated to resolution without the need for costly depositions.
18 month
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Altezza at Newport Coast $1,246,626.00

Developer: Confidential
This 100+ unit development located in Newport Coast, California had water intrusion problems at roof to wall transitions and pot shelf windows. The case was settled following extensive mediation sessions.
Settlement/Judgment - $1,246,626.00
Duration - 20 months
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Renaissance Townhomes HOA $800,000.00

KB Homes
This 75 unit townhome development located in Anaheim, California, had deteriorating siding and miscellaneous roof leaks. A joint Plaintiff-Defense investigation was conducted and the case settled upon initial mediation.
12 months
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Cambridge Creek $850,000.00

Developer: Beazer Homes
This 131 unit condominium association Rancho Santa Margarita, California experienced under-slab plumbing leaks, garage slab cracking and potshelf leaks.
Settlement/Judgment - $850,000.00
Duration - 22 months
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LaDera Vista Homeowners Association, Scottsdale, AZ $1,200,000.00

Developer: Towne Development
This condominium development in Scottsdale, Arizona experienced problems with fire- stopping, water-proofing, electrical and other defects.
Settlement/Judgment - $1,200,000.00 (approximately) worth of repairs
Duration - 6 months
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Horizon Heights Homeowners Association, Tuscon, AZ $629,450.00

Developer: Foothill Vista
38 unit condominium complex
This complex experienced problems with various construction defects.
Settlement/Judgment - $629,450.00
Duration - 20 months
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Terraces at Tiburon Homeowners Association, Chandler, AZ $800,000.00

Developer: Andrew Bros. Construction
48 unit condominium complex
This complex experienced water intrusion problems at windows and roofs.
Settlement/Judgment - $ 800,000.00
Duration - 19 months
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Morning Sun Condominium Owners Association, Sedona, AZ $1,150,000.00

Developer: Confidential
74 unit condominium complex
This complex experienced water intrusion problems at windows and decks.
Settlement/Judgment - $1,150,000.00
Duration - 16 months
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Crystal Breeze Homeowners Association, Phoenix, AZ $807,250.00

Developer: F- Square Corporation
36 unit condominium complex
This complex encountered problems with water intrusion at roofs, stucco and deck systems.
Settlement/Judgment - $807,250.00
Duration - 18 months
Read More
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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

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.