1993 - Nobody likes to talk about it, and most of us hope that if we have 'em,
they'll go away. Not fleas, but defects in our homes, many of which are
not that old. Nestled on High Bluff Drive in one of the area's most imaginative
buildings are The Miller Law Firm, which specialize in
this very matter. As reported elsewhere, Thomas Miller himself recently
held an open meeting for local residents, and a lot of people, a big lot
as the kids would say, turned out to express their anxiety and unhappiness.
Given the interest, we thought it would be a good idea to meet the man
whom developers would prefer to meet on a golf course only, thank you,
than in court. (Unless you are the builder of a defective course!) His
firm, with its various offices in Southern California, has not lost a case,
and such is the care and consideration that his legal team exerts, that
they won't proceed to court unless they are absolutely sure that under
the present laws, their clients will prevail.
Why? That is a question that many people ask. Why in such new homes, and
with all these new technologies, should homes be overrun with all these
construction problems. Thomas told us:
"The 1980's were a builder's hey-dey. Business boomed, everybody was
in a rush and a lot of projects backed up. With abundant financing available,
there appeared to be a sense of arrogance on the part of some builders.
Supervision faltered, there were staff shortages and combining all these
factors, we have been left with some projects which are defective."
Thomas admits that when he first moved his offices in to Carmel Valley,
he never thought that the houses which sprung up around him might one day
provide him with business. If ever the Bar Association needed a Poster
Adult, he must surely be one of the front runners. Unfailingly polite,
Thomas is knowledgeable, reasonable and accommodating. The nature of the
very beast he works with means that people are adversarial, combative and
unhappy. He leaves one with the feeling that not only does he ensure that
his clients' rights under law are upheld, but that builders understand
that much of this friction can be avoided if they would do it right. To
this end he served on the Building Industry Association's Board of Directors.
His mission was to educate the builders, but he admits that he wasn't that
successful.
"Sadly, most felt that their insurance would bale them out,"
he told us.
However, he does point out that there is not the availability of builders
insurance that there was ten years ago, and that with the excellent laws
protecting homeowners in California, initial frustration can, with patience,
lead to success and restitution. The Law Offices of Thomas E. Miller
does not accept individual cases. They work with homeowner associations
and class action suits. So if you feel you have a problem that your developer
is unwilling to address, it appears your best chance is either to go file
suit with an attorney qualified to do so, or to check with your neighbors
all around. You may all be experiencing similar difficulties and then a
firm such as Thomas' may be willing to act.
Thomas Miller has written a superb and pioneering textbook on California
Construction Defect Litigation, published by John Wiley. Already in its
second edition, this tone spells it out for attorneys, scholars, and no
doubt judges. Academic books are by their very nature tedious, but a perusal
of this one suggests a logic and clarity which are also the hallmark of
Thomas as an individual. His daughter Rachel Miller is a third year law
student who during the past three years has been doing public relations
for the Law Offices. A delightful and insightful young person, it is her
intention to join the firm upon joining the Bar. So if anybody out there
was thinking of fouling up on construction in the hope that Thomas will
retire to greener pastures, forget it. Firstly, the guy looks young enough
to be her brother, and secondly, her acumen is testimony to the power of
genetics! To coin a Latin phrase, Constructore Defectibus Emptor - Defective
Constructors Beware!
© Copyright 2008 The Miller Law Firm. All rights Reserved.
If you experience problems or have questions, contact us at Info@ConstructionDefects.com.
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