Press Releases

Recent Settlement Results
Attorney Scott D. Levine, of Silldorf & Levine, LLP represented a number of homeowners from a Carmel Valley, California subdivision in a recently settled construction defect action. The case was file in San Diego Superior Court.

The case centered on defective windows. Mr. Levine investigated the windows� complete chain of distribution, including the manufacturer of the vinyl, the window manufacturer and the window supplier/installer. Strict liability was established against all three entities, as well as the developer. Such leverage over the defendants led to a global settlement highly favorable to the homeowners. A key piece of strategy in this case was establishing strict liability against the supplier of the defective windows at the summary judgment phase. Once established, the four major defendants faced the threat of joint and several strict liability.

The homeowners' windows were bowing, cracking, fading and allowing water to intrude into the interiors of the homes. This was due in large part to the chemical composition of the painted vinyl, the manufacturing process of connecting several windows together to make larger window groups and manner or methods used to install the windows. The full extent of the window product's defectiveness was discovered after multiple trips by Mr. Levine to the State of Washington to take the depositions of plant managers, sales representatives and executives employed by the two main window manufacturers. The homeowners had fallen victim to a systematic failure of their window systems.

As Mr. Levine prepared the case for trial in front of the Honorable Luis R. Vargas in San Diego, two settlement conferences took place before the Honorable Stephen J. Sundvold of Orange County Superior Court. Judge Sundvold is well-regarded in the areas of complex construction defect litigation. After two separate sessions with Judge Sundvold, Mr. Levine successfully settled what is likely the largest window settlement in California (on an amount per house basis) only days before trial was set to begin.

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