$1 Million Settlement for Owners of Defective Condos

Trustees sue developer over defects in condos

Published: February 16th, 2009

$1 million settlement

The plaintiffs were the trustees of a condominium development. The defendant was the developer and builder of the condominium project.

The plaintiffs alleged that the buildings were defective in several respects, primarily related to the roof construction and siding installation. The defendant contended that the units were properly constructed as per code; that the problems experienced were due to poor maintenance; and that the complaints were beyond the warranty periods and time limits of the applicable statute of limitations and statute of repose.

The case settled shortly before trial after two days of mediation.

Type of action: Real property

Injuries alleged: Breach of warranty claims for defective construction of condominiums

Name of case: Withheld

Court/ case no.: Superior Court (no. withheld)

Tried before judge or jury: N/A (mediated)

Name of mediator: John M. Xifaras, JAMS

Amount of settlement: $1 million

Date: Sept. 1, 2008

Most helpful experts: Alan Mooney, P.E., Criterium Mooney, Portland, Maine

Attorneys: Ralph Sbrogna and Francis Ford, Fletcher, Tilton & Whipple, Worcester (for the plaintiffs)

*Complete URL: http://masslawyersweekly.com/2009/02/16/trustees-sue-developer-over-defects-in-condos/