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.

Westbank Estates, Gilbert, AZ $760,000.00

Developer: Confidential

79 Single Family Homes (certified class action)

This matter was certified as a class action in December 2004. The homes in this community had water intrusion at the roofs and windows, as well as problems with their foundations and slabs resulting in problems with the drywall and stucco systems.

Settlement/Judgment - $760,000.00

Duration - 36 months

Horizons on Camelback III, Phoenix, AZ $2,275,000.00

Developer: Confidential

345 Single Family Homes (certified class action)

This matter was certified as a class action in April 2004. The homes in this community suffered from damage to their foundations and slab systems. They also had defects in the drywall and stucco design resulting from inadequate grading and drainage.

Settlement/Judgment - $2,275,000.00

Duration - 36 months

El Dorado at the Highlands, Gilbert, AZ $2,600,000.00

Developer: Confidential

261 Single Family Homes (certified class action)

This matter was certified as a class action in May 2004. The homes in this community suffered from damage to their foundations and slab systems and also had serious cracking in their drywall and stucco systems due to water intrusion through the roofs and windows.

Settlement/Judgment - $2,600,000.00

Duration - 28 months

Ashley Park, Gilbert, AZ $2,725,000.00

Developer: Confidential

589 Single Family Homes (certified class action)

This matter was certified as a class action in August 2005. The homes in this community suffered from damage to their foundation and slab systems that caused cracking in the slabs and interior drywall.

Settlement/Judgment - $2,725,000.00

Duration - 22 months

Gilbert Ranch, Gilbert, AZ $1,938,000.00

Developer: Confidential

195 Single Family Homes

The homes in this community suffered from damage to their foundations and slab systems and also had serious cracking in their drywall and stucco systems.

Settlement/Judgment - $1,938,000.00

Duration - 38 months

Piedras Homeowners Association, Sedona, AZ $3,500,000.00

Developer: Cachet-Sedona, LLC

100 Unit Condominium Project

The homes in this community experienced roof, stucco, deck, and structural issues.

Settlement/Judgment - $3,500,000.00

Duration - 11 months

Bella Vista Homeowners Association, Scottsdale, AZ $7,273,500.00

Developer: Statesman/Bella Vista Development

399 Unit Condominium Project

he homes in this community experienced roof, stucco, deck, and structural issues.

Settlement/Judgment - $7,273,500.00

Duration - 17 months

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.
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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.
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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.
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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.
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Verdicts & Settlements