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Construction
Construction Defects
Violation of California Building Standards

TREO Maintenance Association v. Brookfield Woodbury LLC

Published: Nov. 2, 2013 | Result Date: Oct. 16, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 30-2009-00312036 Bench Decision –  $2,339,540

Court

Orange Superior


Attorneys

Plaintiff

Michael D. Turner
(Kasdan, LippSmith, Weber & Turner LLP)

Bryan M. Zuetel
(Kasdan, Lippsmith, Weber & Turner LLP)


Defendant

Gregory J. Soldner

Shawn Morris
(Morris Sullivan and Lemkul)


Facts

Treo Maintenance Association filed a construction defect lawsuit against Brookfield Homes and various subcontractors, based on allegations of substandard work. Treo was a development designed and built by two of Brookfield's subsidiaries.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiffs alleged that the development had a variety of construction problems in common areas, including concrete walks, stucco patio walls, and front entrances. After Brookfield failed to take action during a mandatory 180-day dispute resolution period, the plaintiffs proceeded to litigation, arguing that Brookfield had ignored their requests for assistance and repairs.

DEFENDANT'S CONTENTIONS:
Brookfield contended that the development's problems were not its responsibilities, and were caused by things such as the soil.

Result

The plaintiffs were awarded $2,339,538.


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