Confidential
Settlement – $6,882,000Judge
Mediator
Court
Clark County District, Nevada
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Stanley C. Livingston
(technical)
Milton N. Burgess
(technical)
Michael D. Romanowski
(technical)
John J. Van Houten
(technical)
Valentine S. Hoy
(technical)
James Lee Bynum
(technical)
Harry A. MacDonald
(technical)
Salar Dehbozorgi
(technical)
H. Fred Uttke II
(technical)
Brian Jeff Jeff Grill
(technical)
Defendant
Avram Ninyo
(technical)
John Premo
(technical)
Peter Cruz
(technical)
Thaumas P. Ehr
(technical)
Daniel Chudnovsky
(technical)
Bruce D. Bowman
(technical)
Matti J. Prabhu
(technical)
John Hammond
(technical)
Facts
Plaintiff homeowners association filed suit on behalf of 312 condominium unit owners against the developer and general contractor of the condominium complex alleging numerous and pervasive construction defects. The developer and the general contractor neither of which performed any of the actual construction of the complex, sued the subcontractors which built the complex for indemnity and contribution. Once discovery established the inability of the general contractor to satisfy a potential judgment in the amount of plaintiffs' unburdened cost of repair, plaintiffs sought and were granted leave to sue the subcontractors directly. The plaintiffs then presented the general contractor with a policy limits settlement demand against expert repair estimates well in excess of available coverage. The demand was eventually accepted and each of the insurers agreed to pay their entire policy limits for a combined total of $6,882,000, as well as an assignment of indemnity rights against the subcontractors and other third parties in consideration for a complete release of the general contractor. Plaintiffs continue to prosecute their action against the developer and subcontractors and to enforce the general contractor's rights of contractual indemnity against those same subcontractors. The plaintiffs brought this action against the defendants based on negligence, breach of warranty and negligent misrepresentation among other theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $____________. The defendants made an offer of $__________.
Other Information
The settlement was reached approximately two years and five months after the case was filed. Several mediations were held before Bruce Edwards of JAMS, resulting in the reported settlement.
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