Confidential
Settlement – $967,500Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Alan I. Schimmel
(Schimmel & Parks APLC)
Defendant
Experts
Plaintiff
Edward Panasci
(technical)
Defendant
Edward D. Martinet II
(technical)
Facts
In 1988 through 1989, Defendants developer, general contractor, design professionals, and subcontractors completed a condominium project consisting of 28 town houses. The price per unit was approximately $120,000. Occupancy commenced approximately 1989. Since the project had been completed during the Southern California Drought, it experienced very little rainfall during the first few years. Commencing in the early 1990's, the units began to experience leaks through roofs, windows, doors, stucco, and decks, during the first heavy rains. Though the developer attempted to make certain minimal repairs to the project, such repairs were ineffective; therefore, the association commenced litigation against Defendants involved in the overall waterproofing system of this project.
Settlement Discussions
Plaintiff contends it demanded $1,200,000 and Defendants offered $450,000.
Damages
Plaintiff claimed that: (1) roof membrane was improperly installed, allowing water intrusion to the units; (2) waterproofing paper below the stucco was reversed, allowing water to drain into the walls as opposed to outside of the building; (3) sheet metal flashing was either installed improperly or missing in critical areas, such as around parapet walls, transitions between stucco and roof membrane, allowing water intrusion; and (4) drainage around the buildings was either poorly constructed or omitted, thus allowing substantial water ponding in planter areas directly adjacent to units. Plaintiff estimated repair costs at $1,200,000; Defendants estimated repair costs at $450,000 to $600,000.
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