December 4, 2002 - The West Trop Condominium Owners Association recently recovered $5.548 million for damages as a result of developmental construction defects. The 327-unit community, located on Tropicana Avenue, was built in 1992 by Nevada-based developers, Trop-Edmond Limited Partnership - Trail Properties, Inc., General Partnership - James Blasco. As compensation for water intrusion through roofs; thin stucco - exposed mesh causing water intrusion; inadequate window frame assembly; inadequate waterproofing of entry and private decks; stained sheathing and framing of entry decks; and mislapped or inadequately lapped sisalkraft flashing and building paper at windows causing water intrusion, the association was able to settle its claim outside of trial. As a result of this settlement, this is now the largest construction defects (CD) recovery in the state of Nevada funded entirely by subcontractors and their insurance carriers, according to the initial mediator Bruce Edwards. To this day, there are over 300 CD cases pending in the Clark County District Court.
The Pennsylvania based insurance carrier for the developer, Reliance, is one of the nation's largest insurers, but since then has been declared insolvent by the department of insurance. Edwards of J.A.M.S. in San Francisco, conducted the mediation prior to this insolvency and continued mediation with the key subs following the insolvency proceeding.
At the time the developer did not have insurance coverage, making this complex case even more of a challenge. The settlement had to be completely funded by the subcontractors' insurance carriers. The Honorable Kathy Hardcastle and Judge Allen Earle, of the court's construction defect case panel, were instrumental in these negotiations.
The Miller Law Firm in association with the Jimmerson Hansen Law firm represented the West Trop Association. Tom Miller, a California, Colorado and Texas-licensed attorney, with offices throughout the Western United States, is the nations leading resource for construction defect law.
Tom Miller explains, "More than 50% of all newly constructed condominiums suffer from some form of substandard construction. Owners have eight years after their home is built to pursue a claim against the builder. Consumers do have protection for shoddy construction, even if the developer and/or its insurance carriers are insolvent."
The Miller Law Firm, a California Professional Corporation, worked in association with Jimmerson Hansen Law Firm located at 4045 South Spencer Street, suite 204, Las Vegas, Nevada and currently represents hundreds of Nevada homeowners. The Miller Law Firm has recovered more than $450 million on behalf of home and condominium owners from across the Western United States. For more information call (800) 403-3332 or log on to www.constructiondefects.com. For media inquiries call Margo Media at (602) 264-2655.
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