The Miller Law Firm Recovers $2.8 Million for a San Francisco Association
Riddled with Construction Defects In only 18 Months
SAN FRANCISCO COUNTY, Calif., April 23, 2013
SAN FRANCISCO COUNTY, Calif., April 23, 2013 /PRNewswire/ -- The St. Francis
Bay-One Crescent Way Condominium Owners Association has recouped $2.8 million
for construction defects even after the builder made significant repairs.
The 64-unit building in the Candlestick Park neighborhood was completed in
2001 and developed by St. Francis Bay, Inc., Top Vision Development and James
E. Roberts-Obayashi Corporation. The project was originally constructed as an
apartment complex that was part of a phased building community, including One
Crescent's neighboring building, 101 Crescent Way. 101 Crescent Way was built
by the same contractor and also recovered $5.2 million in 2012 for
Failed builder repairs at its neighboring association were revealed to be
insufficient, sparking the One Crescent Board's decision to conduct their own
Just a limited amount of invasive testing proved that prior developer repairs
made to an exterior column supporting elevated walkways were insufficient and
dangerous. Forensic experts discovered significant dry-rot, moisture and even
a bottle of soda left in the column. The walkways were deemed immediately
unsafe and required emergency shoring.
According to Thomas E. Miller, CEO of The Miller Law Firm, "This Association
had one very significant hurdle to overcome: they were over 10 years old.
California law allows home and condominium owners to pursue a claim no later
than 10 years from the date of completion. Because prior builder repairs
failed, we were able to extend this strict time limit and prevail."
According to Rachel Miller, Senior Partner of The Miller Law Firm, "A common
form of development is found in neighborhoods like Candlestick Park, where
clusters of buildings are erected and each has its own Homeowners
Association. Knowing that the neighboring building was able to recover $5.2
million with our help, this board allowed us to help them begin their
Dane Besneatte, President of the HOA Board of Directors, states, "Relying on
your builder to conduct repairs is a natural instinct but it didn't work for
us. But it is now very clear that these repairs cannot only be temporary
(they were) but they can also be dangerous. Having the right team in place
to address legal issues and repair options is key to meeting a Board of
Directors' fiduciary duties. Hiring The Miller Law Firm, with their Attorney
skills and expertise, was just what we needed and was key to our recovery of
enough money to make the necessary repairs and have them done right." We owe
Thomas Miller and his team the utmost appreciation and gratitude.
Leslie Bates, CCAM, PCAM of Jean Bates & Associates, "A professional community
manager can bring legal and forensic experts to their boards, but teams with
experience in a particular community brings incredible efficiency to the
process. Recovering this claim in 18 months is proof of that expertise."
Thomas E. Miller and Rachel M. Miller of The Miller Law Firm
(www.ConstructionDefects.com) are the co-authors of, "Home and Condo Defects:
A Consumer Guide to Faulty Construction," (Seven Locks Press, 2012), available
Detailed information regarding this case can be accessed via the San Francisco
Superior Court website at www.sfsuperiorcourt.org case number CGC-11-515334.
Media Contact: Rachel Miller
SOURCE The Miller Law Firm
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