Facts

Archstone f/k/a Archstone-Smith Operating Trust sued Beutler Corp., Carefree Toland Pools Inc., Cell-Crete Corp., Etter & Sons Construction Inc., Expansion Specialties Inc., Hydrochem, Pacific Window Corporation, FBD Vanguard Construction Inc., and Sacramento A-1 Door, in connection with a 574-unit, four-story apartment complex. Several defendants filed cross-complaints against one another.

PLAINTIFF'S CONTENTIONS:
The complex was originally constructed in 2000 by JPI Westcoast Construction, which then contracted with defendant subcontractors to perform various parts of the project. Leaks and water intrusion issues were first observed beginning in 2006. Though repairs were made, the problem persisted and worsened. In 2010, plaintiff sued defendants for breach of contract, negligence, and breach of express warranty against defendants that allegedly provided water-proofing, painting, decking slab, and related work.

DEFENDANTS' CONTENTIONS:
Defendants denied the allegations and asserted affirmative defenses. Some filed cross-complaints seeking equitable indemnity and declaratory relief.

Result

A-1 Door, Gardemeyer, Beutler, and Etter & Sons settled for a combined sum of $2 million. Cell Crete settled for $225,000. Delta and Evergreen each agreed to pay $3,500.

Other Information

FILING DATE: June 17, 2010.