Representative Matters

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Client: National Home Builder
Represented builder client in action commenced by homeowners association (HOA). Matter was confidentially resolved in client's favor at fourth mediation session one month before scheduled three-week jury trial.

HOA commenced action against builder client alleging numerous design and construction defects regarding MFR development. We added subcontractors whose work was implicated by claims to the action. In addition, we commenced a dec action against subcontractors' carriers client's capacity as an additional insured. Court granted our motion to dismiss HOA design claims. HOA claims (which were in excess of $12,000,000 at one point) were settled at 4th mediation session. (At our suggestion, the Court ordered primary parties to have experts also attend this mediation session). Settlement was achieved by eventual significant reduction of HOA claims as well substantial contributions from subcontractors. Client also recovered a significant portion of its defense costs in subsequent settlement of dec action against subcontractors' carriers.