Verdicts and Settlements
Benson, Kerrane, Storz & Nelson, P.C. has recovered over $200 Million for our clients in verdicts and settlements for our clients. No attorney can guarantee the result in any case, but the following are just a few of the construction defect judgments, verdicts, and settlements recently obtained by our firm.
Douglas County —Townhomes
This 213-unit townhome community was overwhelmed by 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.
Broomfield County — Townhomes
Severe structural damage, which resulted in drywall cracking and foundation displacement, plagued this 200-unit townhome community. After an extensive investigation of these issues by several different structural engineers, we were able to recover $12,900,000 shortly before trial.
“We are currently starting on a major reconstruction project using the funds we received from the settlement. We would not be so fortunate had it not been for the hard work and dedication of our construction defect attorneys.” — HOA Board member, client of Benson, Kerrane, Storz & Nelson
Jefferson County — Condominiums
This 317-unit condominium community had been converted from an apartment complex. It suffered from multiple issues including corroding and failing post-tension slab cables, balcony leaks, roof leaks, cracking stucco, areas of severely deteriorating asphalt and concrete, and grading and drainage problems. We resolved this case with settlement contributions from various parties totaling $10,575,000.
Adams County — Condominiums
Severe concrete movement and cracking, window leaks, retaining wall failures, and two building foundations that were sliding inundated this 235-unit condominium community. 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.
Arapahoe County — Condominiums
This 288-unit condominium community suffered from problems including roof leaks, water intrusion at balconies and brick columns, grading problems, 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 condominium community for $7,750,000 without going to trial.
Summit County —Townhomes
This 65-unit townhome association was beset by 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.
“We are in the final stages of our construction repairs and all of our owners are pleased. We couldn’t have asked for a better outcome. I highly recommend Doug Benson, Jeff Kerrane and their team to any others in a similar situation.” — HOA Board President, client of Benson, Kerrane, Storz & Nelson
Arapahoe County—Condominiums
The homeowners in this 117-unit condominium complex experienced leaking decks which became structurally unsound. In addition, they suffered from window leaks and site grading and drainage problems. We were able to resolve this case shortly before trial for $7,445,000.
Adams County —Townhomes
The homeowners association for this 195-unit townhome community originally contacted us complaining about grading and drainage problems and problems with their siding installation. While investigating the siding installation, our expert discovered that the townhomes had improperly designed and installed firewalls, which presented a potential life-safety hazard for the residents. After a three-week arbitration hearing, we received a final award of over $6,800,000 against the national builder responsible for these homes.
Jefferson County —Townhomes
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 pursued collection of the verdict against the developer’s insurance carrier.
Arapahoe County—Condominiums
After suffering 128 balcony leaks, we brought claims for this 172-unit condominium association. In addition to the balcony leaks, we brought claims for a long list of defects including roof leaks, grading and drainage problems, crumbling sidewalks, leaking windows, and firewall defects, repeated water intrusion at decks, windows, and entry doors. After four weeks of arbitration, the arbiter awarded the association $6,296,000.
“I couldn’t recommend a more capable group of truly dedicated people to work with.” HOA Board President, client of Benson, Kerrane, Storz & Nelson
Douglas County —Condominiums
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 statutes 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 the almost inevitable post-trial appeals process and settle this case for the Association for $6,089,000.
Larimer County — Townhomes
These 225 townhomes were built by a nationally-known production homebuilder and suffered from grading and drainage problems, building envelope problems, and settling and cracking structural porches. We were able to resolve the case before trial for $4,950,000.
Arapahoe County —Townhomes
This 139-unit townhome 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.
Archuleta County—Townhomes
Site grading and drainage problems, severe frost-heave damage, structurally unsafe wood decks, severe mold damage in crawlspaces, and a roof collapse beleaguered this 59-unit townhome community. We were able to obtain a $4,300,000 jury verdict after three weeks of trial.
Denver County —Commercial and Residential Condominiums
This four-story mixed downtown commercial and residential building experienced 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 $1,916,000.