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Summit 800 suit alleges defective design and construction

With 182 dwelling units, Summit 800 is one the largest single-family development recently built in San Francisco in the last four decades. The residents have now started what is certain to be one of the largest construction and design defect case commenced in the same period of time. A review of the allegations of the complaint demonstrate the possible complexity of such cases.

The lawsuit

The complaint was filed by the Summit 800 Home Owners Association against a number of entities that were involved in the design, financing, construction and sale of the separate units in the development. The main defendant appears to be Real Capital Solutions, a Colorado-based real estate development firm. Real Capital owned the land, and itused a joint venture between Comstock Homes and Maracor Development to develop the site and sell the completed units.

The basic allegation of liability focuses on the alleged failure of the project principals to provide adequate waterproofing for the individual units. According to one of the plaintiff’s attorneys, the lack of adequate waterproofing may result in structural damage if the condition is left untreated.

The complaint also alleges that the developers knew of the problems but failed to inform potential purchasers about the defects before they executed binding purchase agreements. The alleged defects also include problems with roofing, siding, windows, doors, private decks and plumbing.

What’s next?

The defendants have 20 days to file answers to the complaint. At that point, the parties can be expected to begin a lengthy discovery process using interrogatories, document requests and depositions to develop their cases. At some point the court will issue a scheduling order which will provide deadlines for each of the pretrial issues and a tentative trial date.

All of the homeowners have joined the lawsuit, and the large number of affected units – 182 – ensures that case will not be quickly resolved. Anyone who has purchased a unit in a large development or who or who has participated in the design or construction of such a project where a consistent pattern of errors has been alleged may wish to consult an experienced construction defect attorney for advice on how to seek compensation for such defects.