The Miller Law Firm Recovers $2.25 Million for Hayes Valley Homeowners Association in Only 10 Months

SAN FRANCISCO, July 29, 2021 /PRNewswire/ -- The Miller Law Firm has recovered $2.25 Million for a boutique Hayes Valley condominium association for construction defect related damages in only 10 months from serving the builder with a notice of construction defects and building standards violations.

The Board of Directors of the 35-unit HOA located near the Market Street corridor in Hayes Valley retained The Miller Law Firm just days away from turning 4 years old. Faced with serious plumbing & sewer system defects, the Board of Directors hired The Miller Law Firm, specialty defect counsel.

According to Senior Partner Rachel M. Miller, "While the statute of limitations or time limits in California for condo HOAs to pursue a Builder Claim is 10 years from the date of completion, oftentimes Boards of Directors must take legal action earlier to preserve shorter time limits. For example, there is also a 4-year plumbing time limit. In this case, the building was just 11 days from the 4-year time limit and was facing major plumbing and sewer repair needs. By acting diligently, the Board stopped the clock and was able to recover sufficient funds necessary for the building's repairs."  

The HOA sent a notice of defects for plumbing and other building deficiencies, including, but not limited to, deformed and detached exterior panels, efflorescence and staining, stucco cracks, serious deterioration of HVAC insulation on the rooftop, and a compromised building maintenance system. The claim was settled in mediation efforts facilitated by Gerald A Kurland Esq., of JAMS, in only 10 months without filing a formal complaint in Superior Court.

"Builder insurance policies are often 'burning limits' policies, and the insurance funds can erode or burn down during these claims because that insurance pays for the builder's attorney and expert time. Therefore, we often have to work on an expedited timeline. If these funds burn down by long claims processes, those are funds that are taken away from the HOA," states founding Partner and CEO, Thomas E. Miller. "This 10-month settlement was a testament to how important it is to have the right team in place to aggressively investigate the common area deficiencies and mediate claims outside of the often backed up court or arbitration system. Since the Board acted within the allowable time frames, they were able to capture repair funds from the Builders' insurance without the policies eroding and avoid special assessments or the use of reserve funds for these costly repairs."

Celebrating 40 years of practice, The Miller Law Firm (www.constructiondefects.com) continues to be California's construction defect authority and leading resource for San Francisco homeowners, Boards of Directors, and community management. The newly released 3^rd Edition of, Home and Condo Defects: A Consumer Guide to Faulty Construction (2021), was written to aid and assist homeowners, board members and association management companies in pursuing legitimate claims against builders and their insurance companies. Contact Communications Director Sara Brown for more information on how to receive a copy. ([email protected])

The Miller's legal treatise, Handling Construction Defects, now in its fourth edition, remains the definitive practice guide for lawyers, mediators, arbitrators and judges.

Media Contact: Rachel Miller
(415) 437-1800
[email protected]

SOURCE The Miller Law Firm

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