I have been a litigator for my entire career, long before I started representing condo Associations. I have over 25 years in construction related litigation and have tried dozens of cases. So I know a lot about the litigation process and know how to try a case.
I started out representing developers in their disputes with contractors and others. In the mid 1980’s condominium development took off, and my developer clients built their condo projects the same way they had built their apartment projects. So they leaked. And condo Associations started suing them and I started defending them in those lawsuits.
At some point I decided I preferred representing the condo Associations in these disputes rather than the developers, so I switched sides, you might say.
Having represented developers, I learned how they and their insurers approached the defense of these defect suits. So when I started to represent the Associations, I felt I could anticipate how the developers and their insurers were likely to react.
And while construction defect cases rarely go to trial, if you have the confidence that you can try a case if it doesn’t settle, that confidence gets communicated to the other side. And if your opponent believes you are prepared to take a case to trial if you don’t get a reasonable settlement offer, you have a better chance of getting a reasonable settlement offer.
Perhaps the biggest challenge is to get Board members to abandon their misconceptions about the way their project was constructed, about the law, about lawyers and about the legal process.
I have helped Associations recover around $200 million dollars as a result of defective construction, involving close to 200 different projects.
– Richard H. Levin