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Construction
Construction Defects
Breach of Warranty

Sun Colony Summerlin Homes LLC dba Siena Homes LLC; American International Specialty Lines Insurance Company and Everest Indemnity Insurance Company v. Bebout Concrete Inc.; General Building Contractors Inc.; KB Framers LLC; K&K Door & Trim LLC; T&R Painting and Drywall Inc.; Walker Landscape Inc.; and Roes 1 through 99

Published: Mar. 24, 2012 | Result Date: Sep. 19, 2011 | Filing Date: Jan. 1, 1900 |

Case number: A527543 Verdict –  $2,749,750

Court

Clark County District, Nevada


Attorneys

Plaintiff

Jennifer Salem

Robert C. Carlson
(Koeller, Nebeker, Carlson & Haluk LLP)

Megan K. Dorsey


Defendant

Theodore Parker

Seetal Tejura
(Office of the San Diego City Attorney)

Rusty Graf

Nicholas B. Salerno

Brett W. Eubank

Jennifer Bailey

Lara Hoover

Stephanie A. Lee

Elizabeth A. Skane
(Skane Wilcox LLP)

John C. Dorame

Harold J. Rosenthal


Experts

Plaintiff

Seb J. Ficcadenti
(technical)

Michael A. Waggoner
(technical)

Defendant

Frank E. Woeste
(technical)

Facts

Property owners of Sun Colony Summerlin Homes LLC dba Siena Homes LLC sued Sun Colony, alleging that defective work had been done on the properties. Sun Colony's insurers, American International Specialty Lines Insurance Co. and Everest Indemnity Insurance Co. provided insurance coverage payments for the lawsuit. Later, Sun Colony and the insurers filed suit against several entities, including KB Framers LLC, alleging that these entities had performed the defective work involved in the underlying suit.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that the defects consisted of cracked drywall, concrete surfacing problems, and exterior door troubles. Plaintiffs alleged indemnity, contribution and apportionment, breach of contract, and breach of express and implied remedies.

Result

The jury awarded plaintiffs $2,749,748 against KB.


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