Verdicts and Settlements
Benson & Associates has recovered almost $100 Million for its clients in just the past six years. No attorney can guarantee the result in any case, but the following are just a few of the construction defect judgments, verdicts, and settlements obtained by our firm in the past few years of which we are most proud.
Townhomes—Douglas County
This 213 unit townhome community had site grading and drainage problems, bursting pipes, roof leaks, and showers that leaked to the exteriors of the buildings. We worked together with a national builder and sixteen of its subcontractors to hire a neutral expert team that investigated the construction issues and recommended repairs. Ultimately, we were able to resolve the case through a formal mediation process for $19,500,000.
Condominiums—Adams County
This 235 unit condominium community was experiencing severe concrete movement and cracking, window leaks, retaining wall failures, and two building foundations that were sliding. Though the developer and builder were no longer in business, we were able to resolve the case shortly before trial with the developer and builder’s insurance carriers for $8,080,000.
Condominiums—Arapahoe County
This 288 unit condominium community suffered from problems including roof leaks, water intrusion at balconies and brick columns, grading problems, and improperly installed post-tensioned cables, and frozen pipes. Although we filed a lawsuit against the developer, we took the unique approach of agreeing with the developer to hire a single set of neutral expert witnesses. We were able to settle this case for the Association for $7,750,000.
Townhomes—Summit County
This 65 unit townhome association had elevated walkways and decks that leaked into units below, poor site grading and drainage, structurally unsound stair stringers, and an improperly installed exterior stucco cladding system. Despite the fact that the builder was out of business and the insurance carrier severely underestimated the covered damages until a month before trial, we were able to resolve the case for $7,704,000.
Condominiums—Arapahoe County
This 117 unit condominium complex suffered from leaking decks which became structurally unsound. In addition, the Association suffered from window leaks and site grading and drainage problems. We were able to resolve this case shortly before trial for $7,445,000.
Townhomes—Jefferson County
We obtained a $6,555,000 post-verdict settlement for this 63 unit townhome community. After a successful jury verdict, we were able to uphold the verdict on appeal, and pursue collection of the verdict against the developer’s insurance carrier.
Condominiums—Douglas County
This 264 unit condominium community had more than 150 roof leaks. Additionally they had flooding in common areas and into units. The streets and sidewalks in the community were badly deteriorated. This case presented particular problems with statute of limitations and repose, and there was limited insurance available for a builder who was no longer in business. After more than two weeks of a jury trial, we are able to avoid an inevitable post-trial appeals process and settle this case for the Association for $6,089,000.
Townhomes—Arapahoe County
This 139 unit community had drainage problems throughout the common areas, and deteriorating asphalt and concrete. After more than 40 depositions, we were able to settle this case shortly before trial for $4,650,000.
Townhomes—Archuleta County
This 59 unit townhome community experienced site grading and drainage problems, severe frost-heave damage, structurally unsafe wood decks, severe mold damage in crawlspaces, and a roof collapse. We were able to obtain a $4,300,000 jury verdict after three weeks of trial.
Townhomes—Arapahoe County
This 100 unit townhome complex suffered from grading problems, improperly designed and installed windows and sliding glass doors, and structural problems. We entered into a mediation agreement with the developer and utilized a neutral team of experts. We were able to settle this case for the association for cash and repairs valued at more than $3,200,000, without ever having to file a lawsuit.
Condominiums—Arapahoe County
This 120 unit condominium complex suffered drainage and concrete problems, and had significant problems with leaking balconies. We entered into a mediation agreement with the developer and utilizing a team of neutral experts we were able to settle the Association’s claims for $2,400,000 without ever having to file a lawsuit.
Commercial/Residential Condominiums—Denver County
This four-story mixed residential and commercial building downtown suffered from water intrusion at balconies, drywall cracking, and a courtyard that leaked into the building and into an underground parking garage. We were able to settle this case shortly before trial for $1,915,993.50.
Townhomes—Douglas County
This 32 unit townhome association suffered from significant grading problems resulting in flooding of several units. Although the developer was out of business and left behind only $1,000,000 in available insurance, we were able to exceed the insurance policy limits, settling this case in the middle of a jury trial for $1,317,500.
Duplexes—Adams County
This 80 unit duplex community had grading and drainage problems that caused concrete movement and cracking. Although the builder was out of business and most if its available insurance was exhausted, we worked with the builder’s attorneys to hire a neutral civil engineer who designed a repair and were able to resolve the case for $654,000 without ever filing a lawsuit.