Facts

This matter is a construction defect claim involving a 120 unit stucco-clad apartment complex in Cupertino, California which suffered damage due to moisture intrusion.

Plaintiff is the developer-owner of the apartment complex, which includes an underground parking garage. The project architect was SB Architects (SB); the general contractor was Trident Construction, Inc. (Trident). There were also numerous subcontractors and material suppliers. The project was completed in 1997.

Following construction, some minor leaks were attended to by Trident. However, a few years after completion, complications were encountered and water intrusion was suspected to be an endemic problem. Litigation commenced against the general contractor, its subcontractors and some material suppliers.

Destructive investigation revealed that water intrusion was occurring at decks and landings. In 2003 some emergency shoring was installed. Plaintiff contended serious water intrusion in all walls behind the stucco, which was disputed by defendants. Infra-red photographic analysis of the walls of the project revealed significant water intrusion in numerous locations. In late 2004, further structural investigation revealed progression of rot and deterioration in the wooden support structures for decks and stairways. An extensive investigation and emergency shoring project was undertaken.

The lead defendants were active in the investigation and proposed remediation. Trident hired Avelar & Associates (Avelar) of Oakland, California and Simpson, Gumpert & Heger of San Francisco to develop a scope of repair and cost that was acceptable to plaintiff. SGH developed the scope of repair; Avelar bid the scope.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that construction and material deficiencies were the cause of the water intrusion. (Plaintiff did not allege architectural negligence and did not claim architectural design defects.)

DEFENDANTS' CONTENTIONS:
In general, defendants did not dispute that water intrusion was a problem, but rather the nature and extent of the problem and the cost of repair.

Result

Settlement in the amount of $9.2 million. The bid of Avelar was used as the foundation for the settlement.

Other Information

Per plaintiff's counsel, Trident's counsel's approach and Avelar's pragmatism are credited by plaintiff for reaching this settlement. PLEASE PROVIDE CITY AND STATE FOR ALL EXPERT WITNESS.