CitiScape Client Settles Construction Defect Case Without Ever Filing Complaint

The Miller Law Firm has recovered over $880,000 for the 555 Bartlett Street Homeowners’ Association without ever filing a complaint in court. The settlement was reached in mediation by mutual agreement of both sides.

The 58 unit residential and 5 commercial unit building is located in The Mission neighborhood of San Francisco, at Cesar Chavez and Mission in the arts district. The board of directors contacted The Miller Law Firm just 2 years after final construction with building standard violations ranging from water intrusion issues with active leaks in the garage and utility rooms, cracks and discoloration in the stucco, inadequate weather stripping and increased moisture adjacent to decks and windows resulting in condensation damage, excessive noise and vibrations in the plumbing system, cracked ceramic floor and counter tiles, and potential safety and fire hazardous courtyard light fixtures.

According to Thomas E. Miller, CEO of The Miller Law Firm, “Even at two years old, Associations do have construction defects and urban midrise construction is not immune to serious issues. Owners can bring these issues to their board of directors and Associations have the right to investigate and bring actions to the builder, as we did in this case, to pay to repair the defects under the SB 800 process.”

Kevin Wiley, CEO of CitiScape Property Management, states, “As managing agent for many San Francisco homeowners associations, bringing experts to evaluate defective conditions immediately is a much better practice than waiting for years or relying on promises of band-aid repairs from builders. Addressing real issues and outside of litigation benefits all of our communities.”

According to Rachel Miller, Senior Partner of The Miller Law Firm, “This settlement was achieved in 18 months outside of litigation by efficiently investigating the issues and bringing all the parties together in mediation. Condo owners do have a resource and a model for helping restore their homes, their property values and their communities.”

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