Below is an article published by Miller Law Firm about an EBMC-managed condominium property in San Francisco.
San Francisco, Calif.
(2012) – A contemporary condominium building at 525 Gough Street building
has recouped $1.7 million for numerous construction defects.Failure of weatherproofing systems on the
roof, windows, decks, and doors with water intrusion into the interior walls,
floors and ceilings plagued this 2005 building and damages of $75,000 per unit
The 21-unit residential and 2-unit commercial building in
the 521-523-525 Gough Street Owners’ Association located in the neighborhood where
Civic Center, Western Addition and Hayes Valley converge.The settlement was reached in mediation in
less than 2 years from the date of the filing of the complaint in Superior
Court.The recovery is being funded by
insurance companies for the builder, 527 Gough Street, LLC, the general
contractor, JPS Builders, and subcontractors.
have the right to repair construction defects before a lawsuit is filed under
pre-litigation “The Right to Repair Law,” said attorney Thomas E. Miller of The
Miller Law Firm. “The Association sent a notice of defects in advance of filing
a complaint but the builders never responded.Because most builders today set up their developments as Limited
Liability Companies or “LLC’s” and fold the company after the project is
completed, depleting any assets, we are sometimes left with no response from
the LLC members and, therefore, our only option is to file a lawsuit.”
The Board of Directors of Owner’s Association states, “Investigating
and testing our building with independent experts helped bring our case to
mediation and resolution in under two years.Restoring the value to our Association and our homes is now our primary
According to Mary Jacobs of Eugene
Burger Management Corporation, "It is difficult for any Association to
find themselves in a lawsuit, yet holding the parties that caused the damages
responsible for the repairs, instead of the homeowners, may be found as the
best approach for the Association and all owners.The Association has gained a successful level of recovery for damages
through this legal pursuit."
Thomas E. Miller and Rachel M. Miller, of The Miller Law
have recovered over $500 million on behalf of Associations with construction
defects are the co-authors of, “Home and Condo Defects:A Consumer Guide to Faulty Construction,”
(Seven Locks Press, 2012), available online at www.amazon.com.
Detailed information regarding this case can be accessed via
the San Francisco Superior Court website at www.sftc.org, case number CGC-10-502564.
for The Miller Law Firm
Rachel Miller, (415)
for Eugene Burger Management Corporation
Lori Burger, 707-584-5123