ACTS LAW Attorneys Obtain $9.75 Million Construction Defect Settlement

ACTS LAW is proud to announce that its Construction Defect team, led by partner Terry Bailey, obtained a $9.75 million settlement on behalf of their client.

The client is an 88-unit condominium project in Palm Springs developed and constructed by several different entities. The project suffered from extensive construction defects beginning with the first sales of the condominiums. The windows and sliding glass doors became difficult to open and close. The window and door frames eventually began warping and bowing,  the glazing beads began popping out and some window panes actually shattered. The deterioration of the frames led to dust and sand coming into the homes daily, as well as water intrusion whenever it rained.

The client retained ACTS LAW in July 2021 to pursue the claim for construction defects. Our team of experts conducted extensive testing and determined that the vinyl windows and doors were wholly inappropriate for the Palm Springs environment. As time went on, the warping and bowing of the windows and doors became so bad that many owners could not open and close them. In addition to the defective windows and doors, our experts identified failed waterproofing on certain decks, corrosion of steel posts supporting overhangs, significant stucco cracking and water trapped behind stone veneer on the exterior of the homes.

Following the failure of the initial mediation to resolve the case, ACTS demanded arbitration. After initiating arbitration, the parties returned to mediation and resolved the case in late 2024.

ACTS LAW partner Terry Bailey noted that he has resolved other cases in Palm Springs involving the same issue with vinyl windows and sliding glass doors. He is currently representing Palm Springs homeowners in two separate developments with similar defects. Mr. Bailey stated, “These projects all have extensive construction defects, but the driver in each of these cases is the builder’s use of vinyl windows and doors in the Palm Springs environment. The vinyl frames of the windows and sliding glass doors literally melt in the desert heat.”

The other attorneys working on this matter include ACTS LAW attorneys John Ramey, David Bederman, Miriam Kohansedgh and Brianna Franco.

About ACTS LAW

ACTS LAW has over a decade of experience with skilled and knowledgeable attorneys representing victims in a broad array of case types. They have recovered over a billion dollars in settlements, helping their clients receive the justice that is so rightfully deserved.