Mr. Behm recently represented a planned community owners’ association (“Association”) charged with maintenance and repair of the exterior of a 90-unit townhouse complex. The exteriors of the townhouses began experiencing moisture intrusion and rot after construction was completed. Many of the townhouses were clad with wood composite exterior trim products which were swelling, delaminating, and rotting, and which were manufactured by multiple, national manufacturers.

Construction experts retained by the Association indicated that the buildings at issue were rife with building code violations, inherently-defective building products, and were not built to the standards in the industry. Estimates of the cost to repair the townhouses totaled in the millions of dollars.

Mr. Behm instituted litigation on behalf of the Association against the developers, general contractors, subcontractors, and manufacturers involved. The cases were eventually designated as exceptional cases pursuant to Rule 2.1 of the General Rules of Practice for the Superior and District Courts and assigned a special judge. Two interim appeals to the North Carolina Court of Appeals ensued.

The cases were eventually mediated twice, but all parties settled by March, 2011. Although the terms of the settlements were confidential, the Association obtained sufficient monetary sums and replacement products from the defendants to commence repairs of the townhouses.

Class Action certified

Mr. Behm is also amongst a group of lawyers from several law firms currently representing a recently-certified class action asserting claims for breach of warranty on behalf of "all persons in the State of North Carolina who own a home, office or other building in which ABTCO's Trimboard has been installed in the past ten years." See Hart et. al. v. Louisiana-Pacific Corporation, U.S. District Court for the Eastern District of North Carolina, Northern Division, No. 2:08-CV-0047.

Excluded from the Class are: (a) any Judge or Magistrate presiding over the action and members of their families; (b) LP and any entity in which LP has a controlling interest or which has a controlling interest in LP and all legal representatives, assigns and successors of ABTCO; and (c) all persons who properly execute and file a timely request for exclusion from the Class.

A copy of the Order certifying the Hart class action can be viewed by clicking here.