Capital Improvement & Asset Preservation

Construction Defect Class Actions and General Litigation — US Nationwide

Over the past 20 years, skilled professionals from TCS and the former Consumer Plumbing Recovery Center have been engaged in field oversight programs as part of a Class Action Relief Settlement or general litigation/mediation environment. For 15 years, between 1995 and 2009, CPRC oversaw close to 350,000 replumbs nationwide as a result of the largest property damage class action in the United States – the $1.1 billion polybutylene plumbing system settlement. Subsequent to that in 2008, as a part of the Kitec Litigation Class Action settlement in Clark County, Las Vegas, TCS developed and implemented a similar oversight program for the oversight of replumbs of close to 25,000 homes in the Valley.

In both programs, the skilled professionals working for CPRC and TCS were responsible for developing quality control guidelines for the replumb programs for Court Approval and then ensuring that at the time of the replumb, contractors were in compliance with such established guidelines.

The reputation earned in both these Class Actions led TCS to be invited to bid on the oversight of the repiping of the potable water system of the Ko’olani Condominium high rise luxury building on the island of Oahu in the State of Hawaii. This complete repiping of all occupied 367 condo units was required due to defective plumbing products being installed by the original developer.

Capital Improvement Project Management (Non-Litigation) — Hawaii

With such knowledge and experience in place as part of a litigation environment, it became very clear that similar oversight know-how was needed when it came to Capital Improvements and Asset Preservation. TCS chose to launch this division from Hawaii where its reputation had already been established at the Ko’olani Condominium repipe project.

A significant number of condo and apartment buildings were built in the 1960s and 1970s and despite reserve studies being performed on a regular basis, HOAs and AOAOs had not taken the appropriate steps to maintain their buildings.

Added to the aging population of many properties, it was clear that many of the HOAs and AOAOs needed help and direction. TCS created a niche as an Owner’s Representative.

An owner’s representative is exactly what it sounds like, a representative of the owner of a construction or remodeling project of a building.

The owner of a building is mostly interested in the final product after the construction or renovation has been completed. However, owners generally are disadvantaged when it comes to dealing with a general contractor and the construction of their project since the elements of construction are not normally part of their daily lives. This creates the need for a skilled oversight management professional to protect the interests of the owner.

An owner’s representative has many responsibilities during the course of a construction or remodeling project. The design must meet the owner’s needs for both function and aesthetic appeal. Bids must be solicited, change orders analyzed and approved, and the budget must be managed, as well as the general management of the prime contractor and or its subcontractors.

Total Class Solutions LLC can help owners every step of the way in such capital improvement and asset preservation projects from inception to completion at a fixed cost.

Ensure quality service
Ensure timely service
Minimize change orders and their impact on the project
Keep the budget in check
Provide maximum protection from contractor default and litigation

The Team

TCS has a joint management team to handle the oversight of both litigation and non-litigation sourced projects.

Michael Shaw is a seasoned construction professional with some 30+ years of overall general construction management experience throughout the continental United States, Alaska and the Hawaiian Islands both on private and federal funded projects. Mike is based in Oahu, Hawaii. Until recently Mike also was the President of his HOA for 9 years. He has served as a Construction Manager, Project Manager as well as an Owner's Representative on multiple projects ranging from multi-unit housing, new mixed use commercial/mid-rise to hotel construction projects and extensive capital improvement and renovation projects.

John Jestila ("JJ") has over 30 years of experience in all aspects relating to construction management. His broad scope of work experience ranges from executive management to project management to site management to purchasing and accounting to sales and marketing. He has worked with major US Builders and also smaller boutique builders/developers. For the past 15 years Mr Jestila has been owner of a company coordinating the designing and building of both custom and spec homes. JJ is based out of Tucson, Arizona.

Jose Medina - an Air Force Reservist - currently handles all compliance and homeowner issues in Las Vegas. Jose joined TCS in 2011 and participated in the oversight of the Ko'olani Repipe Project in Hawaii prior to two tours of duty in Iraq. Today Jose brings his abilities to work with people, his background in safety, management, audits, and sound workmanship as an experienced Project Specialist for TCS.

With these key individuals strategically located in Hawaii and Las Vegas, TCS is able to extend its services to Hawaii and the West Coast of the United States at a moment’s notice.