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    • CONFIDENTIAL

    Nov. 20, 1993
    Verdicts and settlements
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    Breach of Contract
    Single Family Dwelling
    Construction Defect

    Confidential

    Settlement –  $275,000

    Court

    Contra Costa Superior


    Attorneys

    Plaintiff

    H. Clyde Long


    Defendant

    Melinda Heusser

    Franklin Stevens

    Thomas F. Castle

    Jack Mitchell

    Ronald Van Leachman


    Experts

    Plaintiff

    Kenneth A. Esperson Jr.
    (technical)

    David B. Merrick
    (technical)

    Jesse B. Smyers
    (technical)

    Defendant

    Michael Higuera
    (technical)

    Raymond LaTona
    (technical)

    Facts

    Defendants built Plaintiffs' single family home in Lafayette in 1990 for a contract price of $190,000.

    Settlement Discussions

    Plaintiff contends they demanded $400,000 and Defendants offered $87,706 prior to arbitration.

    Damages

    Sloping floors, improper framing, plumbing defects, improper grading, improperly designed foundation walls, defectively installed siding and windows, and diminution in market value -- all valued at approximately $400,000 by Plaintiffs.

    Other Information

    A prior arbitration by Donald W. Darst resulted in a Plaintiffs' award of $195,000; trial de novo by Plaintiffs.


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