Stonebridge Condominium Assoc. vs. K+D Development
K+D functioned as developer, designer and builder of this condominium project on the west bank of Cleveland’s Flats District. Eberhard provided expert opinion on the design and construction of the project which experienced significant envelope failure, water penetration and mold from its initial occupancy.
After years of ineffective band-aids from K+D, the condo association retained Thompson Hine and Haber Polk who engaged Eberhard as expert witness. Eberhard’s opinion found that design was defective and did not successfully insulate the building in accordance with prevailing building science standards, that K+D made numerous changes to the design without the consent of the architect and that the construction of the building failed to follow the architect's contract documents and the manufacturers' instructions, resulting in numerous leaks.
The condo association’s pre-trial demand was for $11 million. The effusiveness of the plaintiff’s case resulted in a settlement to the association from the developer of cash and property valued at $16 million.