Confidential
Settlement – $6,850,000Judge
Court
Clark County District, Nevada
Attorneys
Plaintiff
Defendant
James J. Pisanelli
(Pisanelli Bice PLLC)
Randall D. Gustafson
(Lincoln, Gustafson & Cercos)
Experts
Plaintiff
Linda Stetzenbach
(technical)
Harry A. MacDonald
(technical)
Milton N. Burgess
(technical)
Warren Barnhart
(technical)
Michael Dunwoody
(technical)
Stanley C. Livingston
(technical)
David Wieland
(technical)
Thaumas P. Ehr
(technical)
Salar Dehbozorgi
(technical)
Tommy Lee-White
(technical)
Defendant
Wes Daniels
(technical)
Alan Curtis
(technical)
Raymond W. LaTona
(technical)
Neil Reynolds
(technical)
George Swink
(technical)
Michael Solender
(technical)
George Brizendine
(technical)
Tom W. Thomas
(technical)
Gary Zinn
(technical)
Daniel Chudnovsky
(technical)
John Premo
(technical)
Larry J. Johnson
(technical)
Floyd T. Harris
(technical)
Thomas Tomeo
(technical)
Robert E. Ash
(technical)
John Hammond
(technical)
Thomas E. Anderson
(technical)
Lain Swainston Sr.
(technical)
Bruce D. Bowman
(technical)
John Hardisty
(technical)
Rodney Wiedenkeller
(technical)
Martin Newson
(technical)
Jim Knowles
(technical)
Steve Helfrich
(technical)
Robert C. Hendershot
(technical)
Charles M. Salter
(technical)
Kevin Jordan
(technical)
Peter Cruz
(technical)
Philip John Templin
(technical)
Philip Kroeze
(technical)
Matti J. Prabhu
(technical)
Donald Clark
(technical)
Floyd T. (Tom) Harris III
(technical)
Ellen Rosenbaum
(technical)
Jeffrey Beam
(technical)
Noble Frye
(technical)
Charles P. Brechler
(technical)
Michael S. Roberts
(technical)
Facts
The Condominium Association was constructed by the defendant developer and defendants general contractors in the late 1980s and early 1990s. The defendant developer liability corporation, was formally dissolved approximately one month after the last condominium was sold to the public. Beginning in the early 1990s, the plaintiff Homeowners Association began to notice water intrusion problems, primarily at the windows and roofs. The Association attempted to repair the problems, but were unsuccessful in abating the conditions. In 1996, the Association retained counsel to conduct an investigation of the construction conditions. On April 6, 1996, the plaintiff placed defendant developer and defendants general contractors were put on NRS 40.600 et seq., notice, with no response from any of the three entities. The plaintiff association filed suit in June, 1996 against the defendant developer and defendants general contractors. One defendant general contractor brought a cross-claim against the other defendant general contractor and a third party claim against the defendant subcontractors. The plaintiff brought this action against the defendants based on violation of NRS 40.600 et seq., negligence, negligence per se, breach of implied warranties of habitability, merchantability and fitness for use; strict laibility and nuisance.
Settlement Discussions
The plaintiff made NRCP 68 offer of judgment of $1 million to the developer and general contractor. The defendants made no offer.
Damages
The plaintiff sought to recover repair costs, stigma damages, loss of use, relocation costs, attorney's fees and entitlements pursuant to NRS. 40.600 et seq.
Other Information
The settlement was reached approximately two years and seven months after the case was filed. Although there was substantial agreement on the existence and cost to repair defects, settlement efforts were substantially hampered by insurance issues, which were ultimately resolved on the eve of trial.
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