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Construction
Construction Defect
Negligent Retrofit Window Installation

Karen Brand, et al. v. Hall’s Window Center Inc., Andersen Corporation Inc.

Published: Nov. 5, 2011 | Result Date: Aug. 2, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 34-2010-00069420 Settlement –  $97,500

Court

Sacramento Superior


Attorneys

Plaintiff

Matthew R. Schoech
(Schoech Law Group PC)

Clayton M. Anderson


Defendant

Paul B. Lahaderne
(Sedgwick LLP)

Drew M. Johnson

Maria J. Giardina
(Troutman Sanders LLP)

Ilene M. Isert-Kott


Facts

Plaintiff Karen Brand hired defendant Hall's Window Center Inc. to install 14 retrofit windows in her home, and paid approximately $13,000 for the services. Soon after the windows were installed, plaintiff began noticing water intrusion through the window areas. Hall's Window attempted several repairs but failed to remedy the problem. The windows continued to leak and resulted in mold growth, damage to drywall, framing, and other building components.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Hall's Window negligently installed the retrofit windows and that the window products manufactured by Andersen Corporation Inc. were defective.

DEFENDANT'S CONTENTIONS:
Defendants denied liability.

Result

The case settled for $97,500, of which Andersen paid a nuisance value amount of $5000.

Other Information

MEDIATOR: Daniel Winters, Esq., Winters & Krug. FILING DATE: Jan. 29, 2010.


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