SUCCESS STORY

Window Installation

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+

Brief Overview

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.

The Background

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 Theme

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.

Our Strategy

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 Outcome

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.

Read More
Success Story Commercial Liability Defense Dog Bite Negligence Tenant Landlord Preserving Precedent: Defending Commercial Landlord Liability Through Recent Victory in High Exposure Dog Bite Case Thursday October 26, 2023 By: Brian Schiewe
Success Story Bad Faith Billion Dollar Bust Thursday June 2, 2022 By: Cliff Wilson
Success Story Negligence Personal Lines Tenant Landlord Court Strikes Opposing Party’s Counterclaims Due to Failure to Comply With Discovery Orders Wednesday October 13, 2021 By: Firm Authorship
Success Story Automotive Defense General Litigation ORS 20.080 Attorney Fee Personal Lines Taking a Case to Trial During COVID-19 Wednesday September 22, 2021 By: Firm Authorship
Success Story Property Loss Tenant Landlord 4th and 10… An Improbable Comeback Win at the Washington Court of Appeals Tuesday December 1, 2020 By: Firm Authorship
Success Story General Litigation ORS 20.080 Attorney Fee Personal Lines When to Fight Back with a Counterclaim Thursday November 19, 2020 By: Jeff Eberhard
Success Story Automotive Defense General Litigation Motorist Minor Impact Personal Lines The Strategy in Jury Selection: Using Voir Dire to the Defendant’s Advantage Tuesday August 11, 2020 By: Firm Authorship
Success Story Commercial Liability Defense Securing Victory Under Securities Laws Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines Research Pays Off (to the Tune of $2.2 Million) Friday December 20, 2019 By: Firm Authorship
Success Story General Litigation Drawing the (Property) Line Friday December 20, 2019 By: Firm Authorship
Success Story General Litigation Multi-National Retailer’s Discrimination Mitigated Friday December 20, 2019 By: Firm Authorship
Success Story Commercial Liability Defense Allegations of Misappropriation of Trade Secrets and Employment Law Violations? Denied. Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines PIP Rejected: A Desperate Attempt to Recover Expenses Friday December 20, 2019 By: Firm Authorship
Success Story Commercial Liability Defense General Contractors Jobsite Injury An $18,000,000 Dismissal Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense General Litigation Personal Lines The Early Bird Gets the Case Dismissed Friday December 20, 2019 By: Josh Hayward
Safe Harbor Letter Success Story Automotive Defense Personal Lines Preparation Always Pays off: Especially at Trial Friday December 20, 2019 By: Firm Authorship
Let’s talk

Tell us about your legal challenge.
Then we’ll tell you how we can help.