Facts

Stephen Mayo and Sharon Mayo contracted with architect Steve C. Thompson and his company, Thomas Design Associates Inc., to remodel their house in Mill Valley. The Mayos claimed breach of contract and professional negligence against Thompson, his company, and Jeff Tyler Construction Inc., the general contractor. Tyler cross-claimed against Gateway Construction & Concrete Inc., the concrete subcontractor. Thompson cross-claimed against the structural engineer, Julia Y. Chen Design Inc. Plaintiffs settled as to Jeff Tyler Construction, Gateway and Julia Y. Chen Design prior to trial.

Plaintiffs' expert testified that the negligence arose from defective design, inadequate construction drawings, negligent recommendation of contractor, and inadequate construction observation and management, including permitting the demolition beyond that contemplated in the plants, failing to prepare revised plans, and permitting construction to proceed without plans based on the architect's informal direction to the contractor and subcontractor.

Thompson claimed his actions met the standard of care, and that plaintiffs' claimed damages were excessive.

Damages

Plaintiffs sought $1.2 million, the difference between the anticipated costs of design and construction with Thompson and the costs they would actually incur to complete their home after a new architect and contractors were hired to complete the work.

Result

The jury found Thompson 65 percent and Jeff Tyler Construction 35 percent responsible. The jury found neither Gateway or Julia Y. Chen Design negligent. The jury awarded plaintiffs $625,000 for economic damages, including cost of repair/restoration of home and to secure alternate housing. Thompson was awarded nothing on his cross-complaint.

Deliberation

six hours

Poll

12-0

Length

12 days