Marianna Valasek-Clark Member Attorney

Representative Case Summaries:

Business Representation | Complex Litigation | Construction | Geotechnical

Product Liability | Risk Diagnosis and Management | Serious Personal Injury

Stucco

Defense of stucco subcontractor on an apartment building in an alleged construction defect claim. Won multiple summary judgments. Defended case through Court of Appeals and Supreme Court.

General Contractor

Defense of General Contractor in a construction defect case alleging design-build defects to a below slab sanitary sewer system, which failed due to soil movement. Review of change orders relating to design and specifications, review of contract documents relating to requirements of providing timely notice of alleged defects, along with geotechnical defenses resulted in huge reduction in value of claims.

Dryvit

Represented owner in the sale of a high end custom home with Dryvit and water intrusion concerns. The home was sold with an AS-IS clause and a release of all known and unknown defects in exchange for a small price reduction.

Mechanical Contractor

Representation of mechanical contractor involved in significant exposures based on installation of defective hydronic heating products across hundreds of units. Our successful role in the case was the demonstrated proof of the defects in the manufacture and storage of the Canadian tubing product. This required active pursuit of discovery through two Canadian provinces and to North American headquarters and multiple layers of technical and business management witnesses.

EIFS

Defense of an EIFS subcontractor in a defect suit where general contractor repaired alleged water intrusion, however homeowner alleged continued water intrusion and damages continued. Deferred significant liability to general due to its oversight, approval and acceptance of work. Obtained dismissal of all claims against subcontractor named in his individual capacity.

Railings

Defense of railing subcontractor in a construction defect case which alleged railing installation defects.

Framing

Defense of framing subcontractor in a construction defect case alleging framing defects. The case involved complex issues on bankruptcy, divorced partners, completion and acceptance and shear wall assemblies.

Developer

Defense of developer of a large condominium complex and developer employees related to their service on the condominium owners board. Successfully defended alleged claims and mitigated damage claims resulting in settlement of all claims.

Roofing Manufacturer

Successful defense of product manufacturer with respect to alleged roofing defects resulting in claim withdrawal.

Window Manufacturer

Successful defense of product manufacturer with respect to alleged window defects resulting in claim settlement.