Unreasonable Condo Claims

Unreasonable Condo Claims

Plaintiff, a homeowners association, sued the developers and most of the contractors of a condo conversion project for construction defect related issues. Partner Jack Levy of Smith Freed & Eberhard represented the window/painting contractor in the case. Prior to trial, all other co-defendants either settled out of court or were dismissed due to statute of limitation leaving the window/painting contractor in trial alone.

The window/painting contractor was blamed for $3.4 million in damages. At trial, the plaintiff brought in an expert who claimed all windows and siding needed replacement. Jack argued that not all windows needed replacement and $3.4 million in damages was unreasonable considering the scope of the entire project. He also argued that most of the damages could be repaired on a localized, limited basis. After a three week trial, the jury found the window/painting contractor was not negligent and gave a defense verdict.