KBV Chapter 11 progress in court

[jacknsara]

Please remember that the severe structural defects go back a couple decades to the original Developer Pahio and not Wyndham. Pahio apparently had no oversight of the Construction. Or chose not to exercise their oversight. In Oregon the Construction Trade has gotten so bad that once the Prime Contract is awarded the Company/Owner hires a 2nd Prime to Birddog the first to make sure all Contract Requirements and Specifications are met/followed.

PAHIO (David Walter) was not the original developer. The original developer was in financial distress as unit sales were sluggish. Walter bought all the unsold units. The history is documented in the documents section of the owners community at https://kauaibeachvillasresort.com/owners-community/documents/

 

[schreff]

Please remember that the severe structural defects go back a couple decades to the original Developer Pahio and not Wyndham. Pahio apparently had no oversight of the Construction. Or chose not to exercise their oversight. In Oregon the Construction Trade has gotten so bad that once the Prime Contract is awarded the Company/Owner hires a 2nd Prime to Birddog the first to make sure all Contract Requirements and Specifications are met/followed.

Thanks but the many actions and inactions of Wyndham, Wyndham management, and the BOD after the fact is the legally questionable. The problem is who is going to pursue the matter? Being an old geezer isn't conducive to starting a movement against Wyndham with their herd of attorneys.

 

[geist1223]

Time may have run on filing any lawsuit against Pahio or the Prime Contractor and Sub-contractors (if they are even still in business). It probably depends on if you start the timeline from the original building date or when the defects were discovered, which was several years ago. But then again the Building Companies are probably no longer in existent. Another trick some Contractors in Oregon have used is to dissolve the Contruction Company after a major project is finished. This happened in Salem Oregon on the construction of a major Building for Marion County. The Marion County Tax Payors paid twice. First $20M to build the Building. Then $20M to fix all the problems that made the Building unsafe to use.

The only recent success (last 30 years) that I am aware is the Building of the Worldmark Resort at Seaside. Wyndham successfully sued the Prime (major nation wide construction company) and all the Sub-Contractors for numerous construction defects. Wyndham collected millions and millions and millions from all the Insurance Companies, Prime Contractor, and Sub-Contractors. The repair work took years.

 

[CO skier]

Thanks but the many actions and inactions of Wyndham, Wyndham management, and the BOD after the fact is the legally questionable. The problem is who is going to pursue the matter?

The whole unit owners at KBV filed a lawsuit on exactly these claims and others. The court absolved Wyndham of responsibility.