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Favorable settlement of construction defect claim

Peter Sewell recently represented a roofing subcontractor in a lawsuit brought by a general contractor alleging deficiencies in the roof work. The construction project involved the renovation of an old factory into residential condominiums. Issues included whether the owner, architect and contractors properly evaluated the existing roof deck and roof systems, whether the old roof systems needed to be fully removed, whether the roof was suitable for use as a rooftop garden and whether the roof coating that was utilized was appropriate for the dual purpose of acting as a weathertight membrane and as a durable surface for foot traffic. Investigation and discovery established that the general contractor had received written and verbal warnings regarding the roof and its intended useage from another commercial roofing contractor. The letter and photos were not found in the general contractor’s project file. The letter and warnings were not shared with the project architect or the retained roofing subcontractor. This and other evidence allowed us to negotiate a favorable settlement for our client at mediation.