The Miller Law Firm named 2015 Litigator Award Winner®. Having been conferred this prestigious National Award, the firm ranks among the Top 1% of all lawyers for: Construction Defects Litigation.
BELLEVUE, WASHINGTON: The Miller Law Firm, a trial law firm located in San Francisco, California, was today awarded the prestigious 2015 Litigator Award® for extraordinary achievement within the field of: Construction Defects Litigation.
Justly standing as the nations most coveted symbol of "Litigation Achievement", this unrivaled annual honor recognizes trial lawyers {firms} who have attained extraordinary litigation achievement within one or more of 72 pre-defined "Practice Specialty" categories. Based strictly on "Verdict and/or Settlement" dollar achievement rather than peer popularity, the Litigator Awards® are perhaps the most rigorous and openly judged trial law rating. Simply being nominated is to be set among the elite of the profession. Those awarded are generally considered among the finest trial lawyers in the nation.
To be Award Eligible, Nominees must prove achievement of litigation "Performance Benchmarks" that includes not less than:
a). One verified "Verdicts or Settlements" of at-least $1 Million Dollars in any one Practice Specialty category within the preceding 5 year period prior to Nomination*, or
b). One verified "Verdict or Settlement" of at-least $5 Million Dollars in any one Practice Specialty category within the preceding 10 year period prior to Nomination**, or
c). One verified "Verdict or Settlement" of at-least $10 Million Dollars in any one Practice Specialty category within the preceding 20 year period prior to Nomination.
It is a feat achieved by fewer than 1% of all Lawyers, and truly a testament to each Award Recipient's remarkable performance relative to peers. Of the nearly 1.1 Million lawyers considered, only a select few per State or DMA, will achieve the distinction of being awarded annually in any given Practice Specialty*.
Winning a 2015 Litigator Award® is a "Powerful Endorsement" of superior litigation achievement that provides discerning clientele {as well as referring professionals} with a strong reason to trust their case with an Award Recipient. Moreover, it offers a testament to their remarkable performance relative to peers.
Tom, Rachel & Matt Miller
If you have an HOA that is in need of independent expert evaluation under our firm's
Justin D. Knight is a first year Associate Attorney with The Miller Law Firm, joining the team of leading industry professionals after passing the California State Bar in November of 2015. During his tenured internship with the firm, Justin developed and enriched his unique research skills for our team of attorneys. As an Attorney at The Miller Law Firm, Justin's responsibilities include assisting with litigation matters, and acting as a communication liaison for homeowners, realtors and tenants on the current status of our client's association claims.
DISTINCTION
While attending UC Hastings College of the Law, Justin held the position of Articles Editor for the Hastings Business Law Journal, and volunteered with several student organizations such as La Raza at Hastings and VITA (Volunteer Income Tax Assistance). Justin was also a Judicial Extern to the Honorable James L. Crandall, of the Orange County Superior Court.
INDUSTRY AFFILIATIONS
Executive Council of Homeowners (ECHO) Community Associations Institute (CAI) California Association of Community Managers (CACM) Friends of Institute Real Estate Management (IREM)
ADMISSIONS
State Bar of California
EDUCATION
University of California Hastings College of the Law (J.D., 2015)
Trish Watson joins The Miller Law Firm as a Case Manager and Paralegal with over two decades of experience in the construction defect industry. She has assisted attorneys with hundreds of multi-party complex litigation cases in the arbitration and trial court arenas. Her lengthy experience in the industry, personable client interaction, and detailed expert coordination and communication skills have earned her a professional reputation with community association clients, construction experts, mediators and opposing counsel.
I chose The Miller Law Firm because of their extensive background in the field of construction defect litigation, which mirrors my own career path. I was familiar with their practice in Southern California for many years and admired Tom's success in the industry, often making headlines in the press for The Miller Law Firm's achievements. I was also drawn to the fact that The Firm is run by family members who work so well together. Tom, Rachel & Matt make a valuable contribution to the smooth operation of the practice as a whole. I felt I would be a good fit ...and I was right!
What Other Boards of Directors are Saying
Construction DeFAQ's:
Question: Our Association wants to pursue a construction defect claim, however our Developer currently holds a seat on the Board of Directors. What are our options? Will the Developer representative get to vote on the matter? Will this create a hostile environment for the rest of the Members?
Brief Answer
Boards of Directors have fiduciary duties to the membership. A fiduciary acts in the best interest of the Association, making it one of the strictest duties of care in the legal system. One of these responsibilities is a duty to maintain and repair the common areas. Second is a duty to timely investigate common area construction defects, and then decide whether or not to move forward with a formal claim. Even if your Developer sits on the Board of Directors, the other Members must maintain their duties and responsibilities. Your Board has options and should keep the following in mind:
Don't Panic Over the Time Limits: Time limits to pursue building performance claims begin to run from the date of the completion of the project or the date the Developer relinquishes control of the Board. If the Developer holds seats on the Board of Directors, an argument can be made that they have maintained control and this 10-year statute of limitations could arguably be extended.
Form an Executive Committee: The Board's right to establish a committee is found in your Association's bylaws. The non-Developer Members of your Board can vote to form an executive committee that reviews all decisions pertaining to your construction defect claim. The Developer Member will not be permitted to vote in the election of the SB 800 process, nor any matters pertaining to a construction defect claim, such as hiring experts, defect counsel, or settlement terms.
Establish a Non-Adversarial Exchange with the Builder: Your Executive Committee can conduct a due diligence review of the building's performance in advance of putting the Builder on Formal Notice for Violations of Building Standards. During this period the Association should implement a Tolling Agreement, waiving the running of the various time parameters, and can vote to retain defect counsel and proceed with expert investigations and inspections. The Builder would have the opportunity to review the initial expert findings and estimated repair options, and the Executive Committee would meet to discuss all options for the Association, which includes holding a membership meeting to update the owners on the process, and formally serving the Builder with an SB 800 Notice.
For additional questions or further explanation of your Association's options, please contact [email protected]
Property Owners and Association Managers can take Several Steps to Prepare for the Predicted Storm Season:
Get an inspection proactively This will help to inform whether repairs are necessary and what further steps should be taken to withstand an El Niño storm.
Fix any issues while they are small and the weather is still dry Small problems can quickly turn into larger issues as wait times for repairs (and prices) increase during storms.
Institute a maintenance plan Regular maintenance can substantially increase the life of a roof, and some damage can be avoided merely by cleaning out gutters and drains.
Act quickly By addressing issues before the storms hit, problems can be avoided entirely or have their severity reduced. Waiting can only lead to more serious and costly problems.
Prevention is key The best way that property managers can combat an El Niño event is by preparation in advance. During a major storm, roofing companies will be overextended with repair calls, and a small leak can quickly cause thousands of dollars in damage. Therefore, by taking steps in preparation of El Niño and ensuring roofs and decks can adequately withstand an El Niño storm, property managers can limit damage and avoid serious issues that may otherwise arise.
Contact The Miller Law Firm If you have an HOA that is need of expert evaluation, contact Rachel Miller for more information about our SB 800 Building Audit & Due Diligence Program. (800) 403-3332 or [email protected]
As an authority in the field of construction defect litigation for 35 years, The Miller Law Firm provides the finest quality of legal representation in the resolution of construction claims. Having literally written the book, The Miller Law Firm is professionally adept at the proper approach to protecting the rights and interests of homeowners in urban mid-rise, high-rise, and mixed use associations. This signature practice, while focusing its attention in California, achieved national recognition in addressing the varied and complex issues of design and workmanship operative in faulty construction.
The firm brings to each building project decades of experience and a detailed knowledge of today's legal framework. Its expertise provides a thorough accounting in understanding the complex network of relationships between homeowners associations and the myriad of participants ultimately involved in the efficient resolution of construction defect claims.
We do more than simply stay abreast of current legal developments. We actively contribute to the legislative dialogue shaping both our profession and the industry of real estate development. In addition, The Miller Law Firm has held influential positions on professional committees and boards, including the Community Associations Institute, California Association of Community Managers, and the Executive Council of Homeowners.
We frequently present ideas at important local, state, and national industry conferences. Meanwhile the commentary and analyses of our attorneys appear regularly in journals, newspapers and publications. Today, we are also recognized as legal experts in the field of construction defects by top media forums.
