COMMERCIAL LITIGATION

Commercial litigation is a broad term covering many different types of cases. Although it is impossible to list every type of commercial litigation matter handled by the firm, the main categories of claims involve professional malpractice, property damage, construction and real estate. In these cases, Winer Meheula & Devens LLP primarily represents plaintiffs or claimants, but it will defend claims on a selective basis.

Andrew Winer and William Meheula have over 40 years of collective experience handling professional malpractice claims. During that time, Mr. Winer and Mr. Meheula have worked on professional malpractice claims involving lawyers, real estate agents, escrow companies, accountants, real estate appraisers, travel agents, insurance agents, bonding companies and financial planners.

In 2000, Mr. Meheula obtained a settlement for over $5,000,000 in a legal malpractice case involving complex tax and estate planning issues. In 1997, Mr. Meheula settled a multi-million dollar lawsuit where he represented thirty condominium purchasers against an attorney, several real estate agents and two escrow companies. In 1995, Mr. Meheula obtained a multi-million dollar jury verdict against the County of Maui in an unfair and deceptive trade practices lawsuit. In 1993, Mr. Winer obtained a substantial jury verdict against a bonding company which negligently bonded an unlicensed contractor. On the defense side, Mr. Meheula obtained a defense verdict in federal court for a law firm in a $2,700,000 claim involving the formation of a time share business, and Mr. Winer has successfully defended every arbitration involving a claim against a professional.

Property damage claims typically involve damage caused by floods and storms. In these cases, claimants have usually sustained significant damage to their businesses or homes.

In 1995, Mr. Meheula obtained a multi-million dollar jury verdict against the County of Maui and two adjoining landowners for a farmer damaged by soil erosion and landslides. In this case, the firm retained experts on hydrology, farm practices, economics and meteorology.

In 1993, Mr. Winer obtained close to a million dollars for an aquaculture business from its landlord for damage caused by flooding. This case involved the establishment of lost profits for a recently established business. To establish its case, the firm retained a civil engineer, a hydrologist and an expert on aquaculture economics.

In construction litigation, the firm concentrates on representing condominium associations and individual homeowners in claims for defective construction and nondisclosure of defects like termite infestation and soil erosion. Unlike many law firms, Winer Meheula &
Devens LLP will consider handling these cases on a contingency fee basis.

In 2000, Mr. Winer obtained a $1,800,000 arbitration award against a developer on behalf of 23 Maui homeowners in a case involving expansive soil. Mr. Winer also obtained a settlement of nearly $3,500,000 for a condominium association in a claim against the developer, contractors and design professionals involving termite damage, substandard workmanship and drainage problems. The firm has also represented several condominium associations and individual homeowners in construction claims arising out of Hurricane Iniki, and in 1998 it assisted in the recovery of $2,000,000 from a property insurer for a claim arising out of the hurricane.

The firm also represents developers, contractors, subcontractors, real estate agents and sureties on an hourly fee basis. Mr. Winer has spoken at several seminars regarding construction claims, and he recently authored "Strategic Considerations for Sureties in the Defense of Bad Faith Claims: The Use of Arbitration as a Shield and a Sword" which will appear in the Torts and Insurance Practice Section's on-line journal E-Dicta.

Winer Meheula & Devens LLP has extensive experience in handling cases on behalf of real estate purchasers and sellers as well as developers. These cases typically involve disputes over the purchase and sale of real estate or the rights and obligations of developers with respect to their projects.

Mr. Winer and Mr. Meheula tried and eventually settled a specific performance case on behalf of a purchaser of a $12,000,000 property near Waikiki. Their efforts resulted in a net gain of over $2,000,000 for the purchaser.

The firm has also defended breach of contract claims involving the sale of substantial agricultural lands and commercial property.

If you are interested in discussing commercial litigation cases with Mr. Winer or Mr. Meheula, please feel free to contact either of them at winer@pacificlaw.com.