The Miller Law Firm Recovers $2.25 Million for Hayes Valley Homeowners Association in Only 10 Months

Aug 04, 2021 11:06 AM ET


The Miller Law Firm has been reinstated $2.25 million for a boutique Hayes Valley condominium association for construction defect-related damages in as little as 10 months after serving the builder with a notice of construction defects and violations of construction standards.

The board of directors of the 35-unit HOA, located near the Market Street corridor in Hayes Valley, kept The Miller Law Firm just days from the time they turned 4 years old. Faced with serious plumbing and sewerage deficiencies, the board of directors hired The Miller Law Firm, specialist defect counsel.

According to senior partner Rachel M. Miller, “While the statute of limitations or time limits in California for condo HOAs to file a construction claim is 10 years from the date of completion, often boards of directors must take earlier legal action to maintain shorter terms. For example, there is also a plumbing term of 4 years. In this case, the building was just 11 days away from the 4-year time limit and in need of major plumbing and sewer repairs. By acting diligently, the board stopped the clock and was able to recover enough money needed for the repair of the building.”

The HOA sent a notice of plumbing and other building defects including, but not limited to, deformed and dislodged exterior panels, efflorescence and staining, stucco cracks, severe deterioration of HVAC insulation on the roof, and a compromised building maintenance system. The claim was settled in mediation efforts, facilitated by Gerald A Kurland Esq., of JAMS, in just 10 months without filing a formal complaint with the Superior Court.

“Building insurance is often ‘fire limits’ policies, and the insurance funds can erode or burn down during these claims because that insurance pays the builder’s attorney and expert time. That’s why we often have to work on an accelerated timeline. If these funds burn down ​​due to long claims processes, which are funds that are taken away from the VvE,” says founder and CEO, Thomas E. Miller. “This 10-month settlement was a testament to the importance of having the right team to aggressively investigate common space deficiencies and mediate claims outside of the often-substantiated court or arbitration system. time-traded frames, they were able to get repair funds from builder’s insurance without the policies eroding and avoid special assessments or the use of reserve funds for these expensive repairs.”

Media contact: Rachel Miller
(415) 437-1800
[email protected]


Contact details:

Media contact: Rachel Miller
(415) 437-1800

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