Background
Our client represented the plaintiff in a brought up by the homeowners’ association representing 100 homeowners who experienced significant water damage due to faulty waterproofing in their newly constructed homes.
The plaintiffs/homeowners’ association alleged multiple construction defects, particularly focusing on waterproofing issues:
Faulty waterproofing installation: The plaintiffs claimed defective installation of waterproofing materials in basements, balconies, and exterior walls.
Water Damage: There were claims regarding water infiltration causing mold growth, structural damage, and health hazards for residents.
Breach of Warranty: The plaintiffs claimed that the construction firm failed to meet the warranty terms guaranteeing waterproofing effectiveness.
Negligence: There were allegations of negligent construction practices and insufficient quality control measures during the construction process.
The case involved numerous depositions from construction workers, supervisors, homeowners, and expert witnesses. Our client needed to extract key details from these depositions, including information about construction practices, material quality, site inspections, and the extent of the damages.
The Solutions:
Our client partnered with us to streamline the process and ensure accurate extraction of relevant details. We conducted a thorough consultation with our client to understand the specifics of the case and the critical information needed from the depositions and developed a tailored approach to handle the complexity and volume of the depositions, ensuring a focus on key details related to waterproofing defects.
We designed a comprehensive deposition summary template to capture essential details systematically. The template included:
Case details: This part of the template included the case name (plaintiff vs. defendant), case number, name of the deponent/witness, and the date of the deposition.
Key Sections: The template included sections and page line numbers for the summary of construction practices, quality of materials, site inspections, water damage reports, expert witness testimonies, and homeowner complaints.
Customization: The template was customized based on our client’s specific needs and the details of the waterproofing issues.
Our team extracted detailed accounts of construction methods and procedures used for waterproofing, highlighting deviations from industry standards. We summarized testimonies regarding the quality and source of waterproofing materials, identifying any substandard or inappropriate materials used. We also documented site inspection reports and testimonies from supervisors and inspectors, noting any overlooked issues or inadequate quality checks. We collated detailed descriptions of water damage from homeowners, including photographs, expert assessments and reports of the extent and impact of the damage. We extracted key points from expert witnesses on the causes of waterproofing failures and their recommended remediation measures. Our team of expert summarizers provided our client with detailed, and organized deposition summaries, cross-referenced with supporting documents and evidence, tailored specific to the firm’s needs.
Implementation:
Our client used the tailored and structured deposition summaries to refine their case strategy, ensuring a strong presentation of evidence during negotiations and during trial. These detailed summaries facilitated the drafting of motions and filings, presenting a clear and compelling narrative of the construction company’s negligence, breach of warranty, and poor work. Therefore, the tailored deposition digest enabled the legal team to prepare effective cross-examinations and witness questioning, highlighting inconsistencies in the defendant’s testimonies and reinforcing the plaintiffs’ claims.
Outcome:
The meticulous preparation and detailed evidence that was presented led to a favorable outcome for the homeowners where the construction company agreed to a substantial settlement, covering the cost of repairs, compensation for damages, and additional punitive damages for the homeowners. The company also committed to rectifying the waterproofing defects and implementing stricter quality control measures in future projects. They revised their warranty terms and construction practices to prevent similar issues in the future.
