Condominium HOA Prevails in Three–Week Jury Trial for Condo Defects

Ball Janik LLP represented a 62–unit condominium association located in Hillsboro, Oregon in prosecuting construction defect claims against the condominium’s original developer, general contractor, and subcontractors for damages arising out of defects in the condominium’s exterior building envelope. All of the claims were resolved before trial, except for the Association’s negligence claim against the subcontractor that installed stucco siding at the project. After rejecting a minimal settlement offer from the stucco subcontractor, the Association proceeded to trial against that subcontractor in Washington County Circuit Court. After a three–week jury trial, the Association received a jury award in its favor in February 2013.

The jury verdict was more than the Association’s own pre–trial settlement offer to the subcontractor, and almost five times the amount of the subcontractor’s last settlement offer to the Association. In addition, Ball Janik LLP recovered attorneys’ fees and experts’ costs in proving the applicable building code associated with the subcontractor’s work, in addition to other prevailing–party costs awarded by the Court.

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