Oct 13 2009
The law firm of Silldorf & Levine, LLP recently filed a Complaint for Construction Defects in the Superior Court of San Diego County against Colrich Communities, Torrey Pines Homebuilding Company and several other defendants. The Plaintiffs own single-family homes in Torrey Woods Estates, a community in the Carmel Valley area of San Diego.
The homes in the Torrey Woods development were built by defendant Colrich Communities between 2001 and 2003. The Complaint in this matter alleges that the homes in the Torrey Woods community have defective windows and doors.
Before taking legal action, many of the homeowners in the Torrey Woods development had contacted Colrich regarding the faulty windows. The homeowners were put off by the builder. Prior to filing a complaint, Silldorf & Levine, LLP sent a letter to Colrich on behalf of the homeowners. Colrich's attorney responded directing all further communication to be with legal counsel.
The plaintiffs allege claims of strict liability, negligence, breach of implied warranties, and breach of express warranties. The Complaint centers on defective vinyl windows. The windows are bowing which causes the seals to break. Homeowners see fogged windows that look dirty but which cannot be cleaned. In addition, the windows were manufactured in a manner that permits water to leak through the corners. Damage includes drywall deterioration, drywall and stucco cracking and staining, discoloration of floorings and microbial growth. The homeowners have fallen victim to a systematic failure of their window systems.
Firm principal Scott Levine plans to focus his investigation on the complete chain of distribution of the window, including the designer (Micron Industries) and manufacturer (Pacific Window) of the windows and the window supplier/installer. Mr. Levine explains, "When a defective product is put into the stream of commerce, all commercial entities placing a product in that stream are strictly liable to the consumer/homeowner. Strict Liability is liability without proof of fault. The law provides that the commercial entities in the stream can fight amongst themselves who is at fault, but for the homeowner consumer, they may collect their damages from any or all of the commercial entities in the stream."
Mr. Levine concentrates his practice representing consumers who have defective windows. He has represented homeowners and associations in construction defect cases since 1991. Recently Mr. Levine successfully settled what is likely the largest window settlement in the State of California (on an amount per house basis) days before trial was set to begin.
Source: Silldorf & Levine, LLP