Frequently Asked Questions About Stein, Flanagan, Sudweeks & Houser
Q:
How long has Stein, Flanagan, Sudweeks & Houser been involved in the resolution of construction defect claims on behalf of condominium and townhome owners association clients?
A:
Stein, Flanagan, Sudweeks & Houser (formerly known as Levin & Stein) has specialized in construction defect resolution
for over
20 years.
Q:
How many condominium and townhome owners associations with construction defect claims has Stein, Flanagan, Sudweeks & Houser represented?
A:
The firm has represented thousands of homeowners through the representation of over 150 condominium and townhome owners associations in the resolution of construction defect claims.
Q:
How much has Stein, Flanagan, Sudweeks & Houser recovered for its condominium and townhome owners association clients?
A:
In excess of a hundred fifty million dollars.
Q:
When Stein, Flanagan, Sudweeks & Houser represents a condominium or townhome owners association client, how much does it typically recover on their behalf?
A:
That depends on the size of the project, and the nature and extent of the defects, and other factors. Recoveries have never been under a hundred thousand dollars and have been as much as over ten million dollars. In most cases, the recovery has been enough to fix the problems, cover the investigative and other costs and pay the attorney fees.
Q:
How does Stein, Flanagan, Sudweeks & Houser get its cases resolved?
A:
Nearly all of our cases are resolved by settlement before trial, using the services of a mediator. Mediators are neutrals, usually retired judges or practicing lawyers, who act as facilitators. They do so by encouraging parties to weigh the weaknesses in their own positions and the strengths of the other side’s positions, and by encouraging voluntary compromises of disputed issues.
Q:
What specifically does Stein, Flanagan, Sudweeks & Houser do to ensure that the mediation process is successful?
A:
There is no “magic bullet” that can be used to guarantee a successful mediated resolution of a construction defect claim. However, there are certain factors involved in any successful mediation. They are honesty, competence, diligence and experience. Our job as lawyers is to ensure that the consultants the association retains to investigate and prepare the association’s claims are honest, competent and diligent. If they are, this will establish their credibility with the other side. This credibility is necessary to get any case resolved.
Claims must be documented, and evidence must be marshaled to prove the case. The fact that one window leaks doesn’t necessarily prove other windows leak. Adequate sampling must be done in the investigation process. Stein, Flanagan, Sudweeks & Houser’s job is to ensure that our consultants do their job by thoroughly investigating conditions and adequately documenting their findings. Our job is also to ensure that the other side knows our position and the evidence that supports it, and has evaluated that position and that evidence.
In short, the job of Stein, Flanagan, Sudweeks & Houser during the mediation process is to ensure that all sides have “done their homework” and have the necessary information to properly evaluate the case, and that they have in fact taken advantage of this information and have evaluated the case prior to the mediation. Our experience has taught us that cases settle only when all sides have evaluated the case before the mediation has begun, and our job is to make sure that consultants, counsel and insurance adjusters for the other side, as well as our own claim consultants, have all done their jobs before mediation starts.
Our experience has also taught us that good settlements occur only when the other side realizes that the association’s counsel has the talent, experience and willingness to take a case to trial if the other side is unwilling to make a reasonable settlement offer. We know how to try a complicated construction defect case, and we make sure that the other side knows this. Our willingness and ability to go to trial when necessary is, we believe, a substantial factor in our successful resolution of construction defect cases.
Q:
How important is the mediator in ensuring a successful mediation?
A:
An effective mediator is crucial to a successful mediation. The mediator needs to be able to process the information provided to him or her, to inspire the respect of all sides, and to be able to persuade parties to compromise their positions where appropriate. Most importantly, the mediator needs to be able to persist in narrowing areas of disagreement until final agreement is achieved concerning the value of the claims and who is to contribute to the settlement and in what amounts. Not every mediator has the skills necessary to be effective, and effective mediators are in great demand. We know the good ones and make sure that we use them.
Q:
How is Stein, Flanagan, Sudweeks & Houser compensated?
A:
We work on a contingent or hourly fee basis. Most clients retain us on a contingent fee basis. Our contingent fee percentage varies depending on whether we advance consultant fees and other costs on our client’s behalf (reimbursable at the end of the case), or our client advances such costs.
Q:
Why use a law firm that focuses on construction defect resolution rather than a law firm without such experience, such as an association’s general counsel?
A:
Successful resolution of construction defect claims requires the selection of appropriate consultants to evaluate the installation of a wide range of building components, including roofing, siding, window, heating, cooling, plumbing and other systems. Counsel experienced in the resolution of construction defect claims will know what consultants need to be hired, what they need to look for and how they need to document their findings in order to make the association’s position as persuasive as possible.
Successful resolution of construction defect claims also requires counsel that understands the negotiating strategies of developers, contractors and insurance companies and how to deal with them. In addition, successful resolution requires an understanding of developer and contractor insurance policies and the coverage provided by such policies for construction defect claims. Success also requires that the other side realizes that the association’s counsel has the experience and ability necessary to try a construction defect case if the parties are unable to resolve the case by settlement.
Stein, Flanagan, Sudweeks & Houser can apply the lessons we have learned over a period of many years as a result of our experience in successfully resolving construction defect claims on behalf of numerous associations to help you resolve your association’s construction defect claims.
Q:
Why hire Stein, Flanagan, Sudweeks & Houser to assist your association in the investigation, prosecution and resolution of construction defect claims?
A:
We believe there is no adequate substitute for experience. With over 20 years of experience in resolving construction defect claims on behalf of over 150 condominium and townhome owner associations representing many thousands of unit owners, Stein, Flanagan, Sudweeks & Houser has the experience to get the job done. We know what to look for, who to hire to do the looking, how claims need to be documented, how they need to be presented, how to get them settled, and how to take a claim to trial in the rare case when this becomes necessary.
