October 5, 2001 - Huntington Beach, California - 91 homeowners have recovered $4 million against their developer Capital Pacific Holdings, Inc. fbda, J.M. Peters Company, Inc., and various subcontractors, which amounts to over $30,000 per residence, well above average recoveries for defect cases. The owners' attorney Thomas E. Miller entered the settlement on the record today before the Honorable Raymond J. Ikola.
The 91 homeowners in the upscale Huntington Place community claimed severe water intrusion and damages resulting from architectural deficiencies and Building Code violations. They experienced roof and window leaks which resulted in extensive drywall damage and dryrot of the wood framing.
The case was successfully resolved in under 24 months. Six months of mediation under Ross R. Hart, Esq. of the American Arbitration Association, and with the assistance of Judge Stephen J. Sunvold of the Orange County Superior Court, holding a mandatory settlement conference which resulted in the initial $4 million settlement. The homeowners still have pending claims against 3 more subcontractors, which are scheduled for trial on March 4, 2002.
Thomas E. Miller of the Newport Beach based Miller Law Firm has recovered over $400 million on behalf of associations and homeowners all over the Western United States. Miller recovered $14 million on behalf of three associations in the exclusive Seacliff on the Greens homeowners association in Huntington Beach between 1997 and 1999, and has cases pending in other Huntington Beach associations. He recently co-authored "Home and Condo Defects: A Consumer Guide to Faulty Construction," with his daughter Rachel Miller, available at Amazon.com or ConstructionDefects.com.
Miller said, "These homeowners are just more victims of the building boom and one group of many who have recovered for construction defects over the past decade. While these are upscale homes, the owners banded together to make themselves whole, even in the face of some of the county's largest builders."
Tom Miller and the owners can be reached for comment by calling Rachel Miller at 800-403-3332 or by pager at 800-407-5417.
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