SFE Attorney: Paul Sheely
Plaintiff Attorney: Robert O’Halloran, Anthony Rafel
City, County, State: Washington Circuit Court, Oregon
Claims Alleged: Construction Defect
Injuries Alleged: Construction Defect
Admitted Liability: No
Amount Claimed: $7,000,000+
Window installation has been a large source of litigation in the construction defect practice in the general Portland area over the past several years. In this case, attorney Paul Sheely successfully defended a subcontractor during a 5 week trial that took place in Washington County.
Paul represented a framing subcontractor who was involved in the installation of over 1,000 windows at a condominium project in Beaverton, Oregon. The building consisted of over 40 units. The plaintiffs’ attorney targeted the framing subcontractor alleging improper installation of the windows. The case is further complicated by numerous different parties named, bankruptcy, and early settlement of only one party. The alleged defects in the siding and windows was causing water and moisture to enter the homes.
Paul, through his use of experts and convincing evidence, persuaded the jury that his client had conformed to proper construction practices and adhered to the guidelines set out by the developer and general contractor.
Plaintiffs’ main contention was the defects which allegedly caused moisture intrusion and consisted of deficient deck drainage systems. As proof, plaintiff offered evidence from inspections they had completed of more than 50 of the 1,100 windows.
Paul’s trial team set out to demonstrate that his client did in fact install the windows properly, as they had thousands of times before this project. Paul convinced the jury that the window installers installed the windows in accordance with sound construction principles and in a manner directed by the developer and general contractor.
The jury returned a verdict for less than one-tenth of the amount sought by the developers. Needless to say, this was a huge victory for Paul and his client.
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