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Construction
Construction Defect
Sewage

Vallecitos Water District v. Wal-Con Construction Company, Estate of John Artukovich

Published: Mar. 29, 2001 | Result Date: Jan. 17, 2001 | Filing Date: Jan. 1, 1900 |

Case number: BC188337 Verdict –  $0

Judge

Aurelio N. Muñoz

Court

L.A. Superior Central


Attorneys

Plaintiff

Keith A. Liker

Blaise J. Jackson


Defendant

William R. Baerg


Experts

Plaintiff

Eugene C. DeCarlo
(technical)

Dorsey Jasper
(technical)

Defendant

Risque Benedict
(technical)

Ronald Devine
(technical)

James L. Sadler
(technical)

Facts

The defendants, a joint venture, entered into a contract with the plaintiff to construct an 8-mile sewer pipeline in
north San Diego County. The plaintiff hired an engineering firm to design the project and specify the type of
materials to be used. The defendants completed construction in 1985. Ten years later, in September 1995, the
sewer pipeline ruptured. Over the next three years, it ruptured five additional times. The plaintiff repaired the
ruptures, and eventually replaced a large section of the sewer pipeline. The parties stipulated at trial that the
pipe materials used on the project were not defective.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $899,000. The defendant made a C.C.P. Section 998 offer of $400,000.

Damages

The plaintiff sought damages in the sum of $2.2 million at trial, based on repair and replacement costs, damage to adjacent property owners, attorney fees and costs.

Other Information

<P>The plaintiffÆs motion for new trial was denied.</P> The defendants were awarded attorney fees and costs in the sum of $500,000.

Deliberation

1.5 days

Poll

10-2 (first cause of action for express contractual indemnity), 12-0 (second cause of action for negligence)

Length

eight days


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