Below are short summaries of some of our cases. For confidentiality reasons, some of the descriptions below do not include specific case information. However, please contact us if you would like references. In addition, please note that no two cases are alike and similar results cannot be guaranteed.
In a large-soils and building envelope case, Hearn & Fleener worked with local civil engineers and forensic architectural experts to map the issues and determine root causes of the building failures. After 22 months, the team at HF successfully recovered approximately $16M on behalf of a HOA consisting of over 120 single family homes.
Containing more than 800 condominium units, this project was advertised and sold as a very high-end residential building with individual sales prices up to $5 million. The project suffered damages from water intrusion around the EIFS (a form of artificial stucco), water intrusion around the windows, flat roof leaks and ponding and numerous problems with the heating and air conditioning systems.
Represented twenty individual homeowners in case concerning damages resulting from soil movement. Defendants included neighboring golf courses, mobile home parks and prior developers. Damages included the total destruction of three of the homes. The matter was resolved through an extremely creative settlement which provided for the defendants to fund almost $10 Million to pay for costs, attorneys’ fees, and massive repairs at the site. The settlement was contingent upon contractors being able to complete the work within budgets established during the negotiation.
Our firm was contacted by a church to represent them concerning an ongoing construction defect claim against its construction manager and various contractors. Litigation had already existed for approximately four years before our firm was retained. Over the period of one year, our firm was able to re-examine all issues, present new repair methodologies and eventually enter into a global settlement agreement with fifty different parties. The settlement of this case involves repairs being performed by the defense as well as significant cash contributions. The overall settlement value of this case was estimated at $6.5 Million.
This high-end DTC condominium community with ground level restaurants and shops pursued the developer for defects including flat roof failures, dangerous balcony conditions, failing concrete and asphalt flatwork as well as structural concerns in the subterranean parking garage. When settlement offers would not cover repairs to the extensive damages this community incurred, Hearn & Fleener took the case to trial where the jury awarded the association $6 million.
