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Zarwin Baum Successfully Defends Construction Defect Case

August 6, 2013

In a multi-defendant construction defect case resulting from water infiltration at a 700 unit condominium complex following a window replacement project, Tony Twardowski secured the early dismissal, for a nominal sum, of the manufacturer of the sealant used to seal the several thousand replaced windows at the condominium.  The condominium association plaintiff initially claimed that defects in the sealant caused or substantially contributed to the leaks.  Through proactive investigation and product testing, and the effective use of experts, Tony was able to effectively demonstrate that the sealant performed as specified and was not defective.  By convincing plaintiff's counsel at a failed multi-party mediation that other construction professionals involved in the project were responsible for plaintiff's loss, including the building's designer, the general contractor and the installer of the sealant,  Tony's client was presented a post-mediation nuisance value demand from plaintiff's counsel which it accepted and was dismissed from the case.

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