March 19, 1999 - Aliso Viejo, California - The Windsong Community
Association, represented by The Miller Law Firm in Newport
Beach, recovered $5.6 million for construction defects in
a 275-unit residential condominium complex located in Aliso
Viejo.
The VVindsong Community Association has been plagued by extreme
winter weather, including last year's El Nino driven storms
resulting in severe roof and deck leaks, roof equipment failures
and water intrusion through windows and sliding glass doors.
The Association claimed the leaks were caused by construction
defects due to architectural deficiencies and code violations.
The settlement was finalized Friday, March 19, 1999, at Orange
County Superior Court before Judge Wobiley. The settlement
concluded a case originally filed 25 months ago, on February
29,1997, against Windsong Partners, Pacific Gateway Development
And Barratt American, Inc., a Carlsbad based builder. The
builder and its insurance carriers, together with various
subcontractors and their insurance carriers, contributed to
the settlement, through a mediation team of Ross Hart, Esq.
of the American Arbitration Association, and Randall Wulff,
Esq.
In December, 1996, the Association was offered $1 million
by the builder to settle all claims for construction defects.
The association rejected the 1996 offer and pursued its claims
through litigation to reach today's settlement of $5.5 million.
"The Association will finally be able to make necessary
repairs, which will enable our property values to be restored,"
said Roy Baker, President of the Board of Directors, "and
we look forward to beginning the process of reconstruction."
"We are extremely pleased to reach a fair settlement
that will end the inconvenience and poor living conditions
that the homeowners were subjected to over the past few years
due to the building defects," says construction defect
attorney Thomas E. Miller.
Since 1981, Thomas E. Miller has collected more than $275
million in construction defect awards on behalf of California
homeowners and associations.
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