Mukilteo condo owners now await a ruling on whether a contractor's insurer must pay
The court cases relate to the 96-unit Villas at Harbour Pointe condo complex on Villa Monte Drive. Residents at the complex sued after water poured in through siding, windows and sliding glass doors and damaged units, according to court files. Repair work continues to this day.The rulings mean residents still need to fight the insurance company for payment for repair work, said attorney Dan Zimberoff, who represents the condo owners association."They just want their homes repaired and lives to go on," he said. "They've been living through the litigation nightmare for five years now."
Mukilteo condo owners now await a ruling on whether a contractor's insurer must pay.
April 3, 2007
By Jeff Switzer
Herald Writer
MUKILTEO - The state Court of Appeals on Monday upheld a $3 million settlement over defective siding installed at a condominium complex overlooking Puget Sound.
Whether the contractor's insurance company will be required to pay anything will wait until King County Superior Court reconsiders the case, the appellate court also decided Monday.
The court cases relate to the 96-unit Villas at Harbour Pointe condo complex on Villa Monte Drive. Residents at the complex sued after water poured in through siding, windows and sliding glass doors and damaged units, according to court files.
Repair work continues to this day.
The rulings mean residents still need to fight the insurance company for payment for repair work, said attorney Dan Zimberoff, who represents the condo owners association."They just want their homes repaired and lives to go on," he said. "They've been living through the litigation nightmare for five years now."
The complex was built in phases starting in 1997 and 1999.
Water damage was soon discovered, and residents filed a $7.3 million lawsuit in 2002 against the condominium developer, Possession View LLC.
The developer in turn sued contractors Construction Associates Inc., who sued subcontractors T&G Construction Inc.
The condo owners association later settled for $5.7 million with most defendants, but not T&G Construction. That company said it dissolved in 2000 and any damage claims were outside a two-year limitation.
Failing to win that point in court, the company later agreed to a $3.3 million settlement. The figure was reduced to $3 million and faced further court challenge by the company's insurers, Mutual of Enumclaw.
Monday's ruling was a good one for the insurance company, Mutual of Enumclaw's attorney Brent Beecher said. Though it approved the $3 million settlement as reasonable, the appeals courts also opened the door to shielding the insurance company from paying the settlement - pending further court review, he said."It erased a judgment against Mutual of Enumclaw for $3 million," he said. "It's a good thing for us."
The condo owners association is reviewing the ruling, Zimberoff said.
The association received the $5.7 million settlement at the end of 2005. Repairs are about half done and continue for 23 separate buildings.
The settlement money doesn't cover the costs of the repairs, so a special assessment on residents in the ballpark of $1 million was needed, Zimberoff said.
"They've had to live with construction debris and personnel, noise and dumpsters for a year," Zimberoff said. "They're frustrated and disappointed they couldn't get a global settlement initially."
Reporter Jeff Switzer: 425-339-3452 or
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