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Partridge Wins in Construction Defect Case
November 16, 2021
Congratulations to Donald Partridge on representing the general contractor in a case that involved alleged construction defects in a 20-story condominium tower located on the Gulf of Mexico in Orange Beach, AL.
A small gap at the balcony slab to wall interface allowed water intrusion behind the stucco exterior, which caused severe rusting of the structural steel supporting the entire south elevation. Repairs took nearly a year to complete and required the replacement of the steel framing and exterior stucco wall.
Claimants sued the general contractor and a sub-contractor seeking $29,000,000, including repair costs, lost rental income, diminution of value, and punitive damages. The case was compelled to arbitration. At a seven-day evidentiary hearing before a three-person panel of arbitrators, the defendants proved that the damages resulted from a design defect rather than construction-related, and claimants were awarded nothing.