Association Reaches Construction Defect Settlement For $3.5 Million in 14 Months

Feb 08, 2013, 12:18 ET from The Miller Law Firm

SAN MATEO COUNTY, Calif., Feb. 8, 2013 /PRNewswire/ -- The Park Broadway at Millbrae Homeowners Association is pleased to announce that its lawsuit for construction defects, filed in November 2011, settled for $3.5 million in damages. The settlement was achieved through mediation in less than 14 months with the assistance of San Mateo Superior Court appointed special master William Nagel, Esq.


Completed in 2009, the 113 mixed-use building showed signs of faulty construction early in 2011, prompting the building and Association board to open an investigation. The Millbrae community is located just south of San Francisco. Its condominium units were sold by the limited partnership of Silverstone Communities, LLC. 

The HOA team's testing protocols disclosed defects causing water intrusion in the common areas, in addition to window condensation, metal corrosion and cracking in stucco and exterior walls.

According to Thomas E. Miller, CEO of The Miller Law Firm, "A good team of experts, like the team we had in this case, will always recommend the ways to locate the cause of leaks and cracks, especially like the ones we saw at Park Broadway.  Through invasive testing we made shocking discoveries of mold in the owners units," said Miller, adding that testing also revealed dry rot under balcony and decks. "While discovery of the life-safety issues here are always a possibility, for a building that was only 2 years old, it was appalling."

As Rachel Miller, Senior Partner of The Miller Law Firm explains, "Initial visual inspections by experts are the first step.  But when we look further and open up the stucco or around windows, there can be very dangerous conditions like mold and dry rot.  It is just not something that an owner or a board could know absent the important level of testing."

Yi Wong, President of the Park Broadway Association's board of directors, states, "We are incredibly grateful that the team we had in place helped us protect our owners, and our homes.  We know that these funds will help restore our building to its original condition. We now can move forward knowing our homes are safe."

Thomas E. Miller and Rachel M. Miller of The Miller Law Firm ( are the co-authors of, "Home and Condo Defects:  A Consumer Guide to Faulty Construction," (Seven Locks Press, 2012), available online at

Detailed information regarding this case can be accessed via the San Mateo Superior Court website at, case number CIV 509722.

Media Contact: Rachel Miller
(415) 437-1800

SOURCE The Miller Law Firm