Construction Defect, Redevelopment and Real Estate-Related Litigation

Mr. Albert has represented developers and home builders in major construction defect litigation, including class actions alleging breach of warranty, design defect, and fraud. These cases include:

  • In re Richmond American Homes Construction Defect Litig. Mr. Albert defended a major publicly-traded real estate construction and development company – MDC Holdings -- and its affiliates in several coordinated and consolidated class action lawsuits involving 12,500 homes throughout the State of Colorado, alleging construction defect, negligence, product liability, and breach of warranty claims, among other theories of recovery. Mr. Albert had a central role in crafting a settlement structure that involved the creation of a captive insurance company, capitalized with insurance proceeds negotiated from both primary and excess carriers; and creating a wholly-owned warranty company and a new home repair warranty designed to address qualified claims by homeowners within the statewide settlement class.

  • In re Chateau Paliset Construction Defect Litig. Mr. Albert represented the owners and developers of high-end luxury condominium project in a lawsuit by the homeowners' association alleging various structural and design defects. He retained and briefed appropriate structural engineers, soils engineers and architects, and other experts. He prepared cross-claims for indemnification and other relief against subcontractors, architects and other professionals involved in the project. He then negotiated coverage issues with primary and excess insurers., and successfully positioned the case for mediation and economical resolution.

  • In re The Hearst Corp. San Simeon Redevelopment Litig. Mr. Albert represented The Hearst Corporation at the trial and appellate levels in several highly-publicized challenges by the Sierra Club and other environmentalists to various redevelopment projects in the San Simeon area of the Northern California coast. After marshaling dispositive evidence from engineers, biologists, conservationists, and other scientists in support of the redevelopment project, he defeated the opponents of the redevelopment project at the administrative trial and subsequent writ proceedings.

  • In re China State Contruction & Engineering Corp. Construction Defect Litig. Mr. Albert represented the largest Chinese state-owned construction and engineering corporation in post-trial adversary proceedings in federal court, regarding various construction defect claims and cross-claims arising from a large-scale engineering and development project. He successfully briefed and argued the appeal of a nationwide asset turn-over order by the Bankruptcy Judge, and achieved a favorable discounted settlement after arguing the appeal.