Congratulations to BWB&O’s Las Vegas team on their most recent victory! Culminating a four-year battle involving one of the premier high rise condominium complexes in Las Vegas, Founding Partner Peter Brown, Partner Jeffrey Saab and Associate Devin Gifford achieved a complete dismissal of the HOA’s 100+ Million Dollar construction defect lawsuit.
Over the life of the lawsuit the BWB&O team systematically attacked each aspect of the HOA’s claim with several successful summary judgment motions. An integral aspect of BWB&O’s strategy was the decision to put the HOA on the defensive from the outset of the litigation by filing a Declaratory Relief action that beat the HOA to the filing window and which gave BWB&O’s clients, the developer and general contractor, the upper hand in all filings and effectively kept the HOA from proceeding affirmatively with its construction defect claims.
After obtaining summary adjudication of issues involving mechanical, sewer, life safety and other aspects of the original construction, Peter, Jeff and Devin achieved the final victory when the Court agreed to dismiss the HOA’s by far largest claim regarding the alleged need to repair every window throughout the entire two-tower high rise complex. This last motion for summary judgment was subject to three motions for reconsideration by the HOA, all summarily defeated by BWB&O.