Cottage Lanes at Windingwalk
Developer: Otay MF1 LLC
Client: Association – Common area defects
Our firm represented the Cottage Lane at Windingwalk Association in a construction defect case against Otay MF1 LLC, Brookfield San Diego Builders Inc., and Brookfield Homes San Diego, Inc., d.b.a. Brookfield Homes. The Association included common areas and 120 units. The units had leaking around windows as well as roof leaks coming down through the walls. Settlement efforts were complicated by the fact that one insurance policy with a $150,000 deductible covered only one half of the units. A second policy covered the other half of the units and had a $5,000,000 deductible.
The retained experts discovered that there were serious issues related to missing fire blocking in the party walls. Mr. Naumann argued that the missing fire blocking violated the performance standards in Civil Code Section 895. The experts also opined that the roof defects were so extensive that a re-roofing of the entire complex was required. After multiple mediations and depositions, Mr. Naumann was able to obtain a settlement for his client in the amount of $2,000,000.00.