Confidential
Settlement – $138,000Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert J. Bossi
(technical)
Defendant
Jeffrey Beam
(technical)
Facts
In 1991, Plaintiffs purchased a new 4,200-square-foot single family dwelling from Defendant joint venture -- builder, architect, and investor. The purchase price was $590,000. Prior to the purchase, the home was inspected for the Plaintiffs by Defendant engineer home inspector. After the purchase, the building developed drainage problems. Plaintiffs settled the drainage claims with the builder's insurance carrier, with a release that excluded future structural and foundation claims. After drainage repairs were made, the building developed cracks and other signs of structural distress. The instant lawsuit was filed after investigation revealed faulty shear wall and pier design, and improperly installed or missing shear panels and connectors. Plaintiffs' engineers recommended that Plaintiffs vacate the building, and they did so in January of 1994.
Settlement Discussions
Offers and/or demands, exchanged prior to this result, were not disclosed.
Damages
Plaintiffs claimed $180,000 cost of repairs; $85,000 loss of beneficial use and moving expenses; $30,000 diminution in value; unspecified attorney fees and costs.
Result
The terms of this agreement included settlement of a concurrent declaratory relief action between the joint venture the builder, and 2 insurers.
Other Information
This case was filed on March 25, 1994; one year, two months and two weeks prior to this result.
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