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CONFIDENTIAL

Jan. 25, 1997

Construction
Construction Defects
Condominium

Confidential

Settlement –  $3,075,000

Judge

Jerold A. Krieger

Ross Hart

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Norman S. Wisnicki

Leslie Steven Marks


Defendant

Gary G. Dye


Experts

Plaintiff

Yark Yochin
(technical)

David Musser
(technical)

Harry A. MacDonald
(technical)

Rudy L. Rodriguez
(technical)

Daniel McNicholl
(technical)

Tim Byaum
(technical)

Facts

The plaintiff homeowners association brought this construction defect action against the developer of a 128-unit condominium complex located in Van Nuys. The plaintiff alleged various defects including architectural, electrical, mechanical, roofing and structural issues. The plaintiff brought this action against the developer and various subcontractors based on breach of implied warranty, strict liability, negligence, breach of fiduciary duty, fraud and deceit and action on bond theories of recovery. The developer defendant named various subcontractor cross-defendants it claimed were responsible for the defects alleged by the plaintiff.

Settlement Discussions

The plaintiff made a settlement demand for $3.5 million during mediation. The defendants made a settlement offer of $2.9 million.

Damages

Per the defendant, the plaintiff claimed $5,712,000 in cost of repair damages.

Other Information

MEDIATION: Mediation sessions were held before Ross Hart, Esq., of the American Arbitration Association resulting in the reported settlement. Several subcontractors chose not to participate in this settlement and the defendant's indemnity action is continuing against these parties.


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