Two sides of a rocky dispute

As the days get shorter and colder, those of us who live in the Mid-Atlantic region start to think about getaways to more exotic locales. On the list of places worth consideration is Reno, Nevada, with its gaming, golf, hotels and nearby Lake Tahoe.

A planned community just outside of the city is embroiled in a construction defect dispute and lawsuit. While some Somersett residents pushed for the lawsuit against the developer and a construction company, others believe the defendants will prevail.

The dispute centers on the rock walls constructed next to Somersett’s 9-hole, Tom Kite-designed golf course. In February of last year, abnormally heavy winter rains slammed the area. The result of the rains, the Somersett Owners Association contends, is that the rock walls failed. Sections of the wall tumbled to the golf course, a news article states.

The association has filed a lawsuit that asks for $20 million to repair all 300 of its rock walls. Defendants include the developer, construction contractor and the company that built the rock walls. The three all deny liability, but also point out that the statute of repose has elapsed. They contend that construction defect claims for the walls can no longer be litigated.

The news article points out that while some residents were eager to see the suit filed, “others are afraid that the legal action could cost them even more in the long run should they lose.”

The developer has also filed a third-party claim against an Arizona-based design firm, in which it states that the wall plans were flawed.

Clearly, these are complex matters most likely to be resolved in negotiations or court with the help of a construction defect defense attorney. At MacDonald Law Group, we handle a broad array of construction claims and litigation. Should you have any questions on construction litigation topics, please contact us using the email or telephone contacts found on our website at

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