Windsong Community Association Recovers
$5.5 Million For Construction Defects

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.

For additional information, contact Law Offices of Thomas E. Miler at (800) 403-3332 or visit www.constructiondefects.com.

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