McDermott v. Dutton
Published: Nov. 22, 2001 | Result Date: Aug. 29, 2001 | Filing Date: Jan. 1, 1900 |Case number: A10201403 Arbitration – $250
Court
Case Not Filed
Attorneys
Claimant
Nicholas R. Paulos
(Lewis, Brisbois, Bisgaard & Smith LLP)
Respondent
Andrew D. Weiss
(Law Offices of Andrew D. Weiss)
Experts
Claimant
David Bethany
(technical)
Jerry Tempkin
(technical)
Respondent
Michael V. Sanders
(technical)
Peter G. Toghia
(Toghia Construction)
(technical)
Facts
The action arose from the sale of a single-family detached home by the respondents to the claimants. The home
that is the specific subject-matter of the suit was involved in a construction defect action that was settled in or
about September 1997. The claimants initially complained that a leak in the garage of the house was not
disclosed. The claimants subsequently expanded their claims to include defects in drainage, stucco, windows,
the balcony, the roof and the electrical system.
The claimants filed an action in Municipal Court against the respondents, both the buying and selling realtors
and the home inspector. That action was transferred to Superior Court.
The respondents filed a motion, which was granted, to compel arbitration. The claimants
entered into settlements totaling nearly $20,000 with the realtors and the home inspector and
then proceeded to arbitrate their claims against the respondents.
Settlement Discussions
An arbitration was held before retired judge James Alfano of Judicate West.
Result
The respondents were found liable for failing to obtain a final sign off with the construction of a balcony and the claimants were awarded $250. The respondents were absolved of liability for all claims regarding the failure to disclose alleged defects in doors, the electrical system, the roof, site drainage, stucco, the driveway, windows and squeaky floors.
Other Information
<A>An arbitration was held before retired judge James Alfano of Judicate West.</A>
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390