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CONFIDENTIAL

Sep. 6, 2001

Construction
Strict Liability
Breach of Contract

Confidential

Settlement –  $2,548,000

Court

L.A. Superior


Attorneys

Plaintiff

Brian S. Kabateck
(Kabateck LLP)

Ronald A. Hartmann

T.J. Stephens


Defendant

Timothy J. Hogan


Facts

Plaintiff, a homeowners association for a 108 unit condominium complex alleged that defendant,
acting as developer, general contractor and seller, was negligent in its design and construction of
the project. Alleged defects included plumbing leaks, window leaks, roof leaks, decks, soils and
landscaping. The materials used in the plumbing were inexpensive, imported galvanized pipes
that developed pin hole size leaks.

Other Information

The defendant filed a cross-complaint against various construction trades and suppliers asserting breach of contract, express and contractual indemnity, implied equitable indemnity, breach of express and implied warranties.


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