case study
case studies Business & Commercial Litigation

Construction Damages

Challenge:

Our clients’ house was damaged by water infiltration several years after construction. The water was hidden behind walls (a “latent defect”) and caused rotting of wood posts, beams and joists. When the damage was finally discovered, the construction company rejected liability based on the passage of time (limitations).

Strategy:

We filed a lawsuit in the circuit court and hired an expert witness to bolster the case. The expert prepared a detailed report that cast blame on the builder for defective installation of the siding and roof. We agreed to put the case into mediation, in which several insurance companies were involved.

Result:

We engaged in an all-day mediation with a retired judge and settled the case.  The settlement is confidential, but the clients were very satisfied with the compensation received.

DISCLAIMER: THE CASES AND RESULTS DESCRIBED HEREIN ARE REPRESENTATIVE OF PAST RESULTS OBTAINED BY MILLER, MILLER & CANBY, AND ITS ATTORNEYS. PAST CASE RESULTS DO NOT GUARANTEE FUTURE RESULTS. ALL CASES ARE DISTINCT AND HAVE UNIQUE FACTS, CIRCUMSTANCES AND LEGAL QUESTIONS THAT MUST BE CONSIDERED AND EVALUATED ON THEIR OWN MERIT.

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