After Successful Appeal, Wilke Fleury Construction Lawyers Settle Mass Defect Lawsuit

Wilke Fleury partner, David A. Frenznick, successfully negotiated the settlement of one of the longest running construction defect cases in Northern California history. Filed in 2003, the case involved the design and construction of a multi-unit co-housing project located in Chico. Wilke Fleury combined forces with another local attorney to represent the Valley Oaks Village Homeowners’ Association against the general contractor and multiple subcontractors, all of whom constructed the project in 1996. The case was weeks away from trial when a Butte County judge erroneously ordered its dismissal. The Third District Court of Appeal ultimately reversed the trial judge’s order and reinstated the case.

“The case focused on the design and construction of roofs, balconies and other structural elements. The bottom line was that each and every unit leaked badly and mold developed in many of them,” Frenznick said. “Ultimately our client received sufficient settlement funds to make repairs. Unfortunately, it took much too long for that to happen.”