Lake Ozark condominium complex Lighthouse Pointe has concluded almost three years of litigation with a $1.2 million settlement from the developers, builder and several subcontractors that will allow it to undertake repairs needed to insure it remains a high-end lake destination for years to come.
Although the complex began construction in 1999 and the attempts to recover for widespread construction defects was hampered by Missouri’s statutes of limitations and statutes or repose, the litigation was successful in obtaining a settlement. Lighthouse Pointe will be able to utilize the settlement to create a repair fund and finance ongoing and future repairs.
Lead counsel Mike Hughes has worked with Lighthouse Pointe for over three years to determine the extent of the problems. Assisted by Daniel Estes, the association’s attorneys challenged the assumption that the developers and contractors could escape responsibility simply because it had taken so long for the problems to be discovered. The settlement was reached just as Lighthouse Pointe’s owners had approved a round of major repairs needed to preserve and enhance the value of the condominium units and complex. Present and future owners will benefit greatly from the work being done now and the settlement of the lawsuit.
Lighthouse Pointe is a nine-building luxury condominium complex at Lake of the Ozarks with great views and access to the lake, a working lighthouse and varied investment levels ranging from the modest to the penthouse. Unfortunately plagued by persistent steel rust over the years, it was not discovered until investigations with counsel and engineering experts that the waterproofing on many aspects of the building was either wrong or missing altogether. This was causing rust and deterioration of steel components, deterioration of wood framing, damage to numerous building materials and compromising the structural integrity of the buildings.
During investigations of the buildings it was discovered the original construction had used no building wrap under the siding. This resulted in no protection of the exterior walls from rain and water damage. Decks and walkways didn’t slope properly and weren’t waterproofed to prevent deterioration of the support structure.
The litigation was challenging due to the age of the buildings and the history of maintenance issues with various parts of the buildings in the complex. Longstanding issues of rust on steel complicated the chances for recovery, but completely unknown issues with fire suppression systems and missing framing connections were only discovered upon thorough investigations. Despite the trial court’s dismissal of portions of the claims and of some claims affecting several of the buildings, rulings subject to potential appeal, the case remained positioned for a settlement that will allow the buildings to continue to be repaired and provide a luxury vacation destination for years to come.