Keith Jenkins, Sharon E. Jenkins v. William Lyon Homes Inc., The Presley Companies Inc.
Published: Jun. 10, 2003 | Result Date: Jan. 7, 2003 | Filing Date: Jan. 1, 1900 |Case number: C0100124 Bench Decision – $192,000
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
R. Rexford Upp
(technical)
Jeffrey Beam
(technical)
Defendant
Andrew Finnel
(technical)
Donald Bruggers
(technical)
Facts
The plaintiffs owned a home in Clayton, located in a subdivision called Oakhurst. They claimed severe construction defects. The plaintiffs claimed that the defendant homebuilders negligently leveled the soil beneath the home's foundation. As a result, the soil compacted at uneven rates, causing high stress to the home's foundation. Excessive cracking occurred throughout the house. The defense disputed the extent of the claimed damages.
Settlement Discussions
The plaintiffs demanded $275,000; the defendants offered $120,000.
Damages
The plaintiffs claimed a total of $260,000 in remediation damages for drainage problems. The defendants argued that the cost of fixing the problems, including the leveling of the property, was in the range of $30,000. Subsequently, the defendants proposed using pipe piles to raise the foundation and then releveling for a total cost of $139,000.
Other Information
The plaintiffs filed for costs, including Stearman costs, totaling $24,000.
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