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    • CONFIDENTIAL

    Sep. 13, 2001
    Verdicts and settlements
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    Contracts
    Construction Defect
    Water Damage

    Confidential

    Settlement –  $2,173,250

    Judge

    Frances Rothschild

    Court

    L.A. Superior Central


    Attorneys

    Plaintiff

    Leslie Steven Marks

    Norman S. Wisnicki


    Defendant

    Peter R. Bing
    (Wilson, Elser, Moskowitz, Edelman & Dicker LLP)

    Ernesto F. Aldover Jr.
    (Pettler, Miller & Aldover LLP)

    Stephen J. Henning J.D.


    Experts

    Plaintiff

    Daniel J. McNicoll
    (technical)

    Mark Yochim
    (technical)

    David Musser
    (technical)

    Dan R. Werdowatz PE, SE
    (technical)

    Clayton McKeown
    (technical)

    Harry A. MacDonald
    (technical)

    H. Fred Uttke II
    (technical)

    Facts

    The lawsuit involved a 35-unit condominium complex located in Los Angeles. The project underwent a number
    of phases of construction by various entities until its completion in approximately 1994. From the outset, the
    plaintiff Association members complained of water intrusion and other issues.
    The defendant Bank, which completed the project, made various unsuccessful attempts to remedy these issues.

    Settlement Discussions

    There were numerous mediation and settlement conferences conducted during the course of several months. The matter was ultimately settled with the active guidance of the court-appointed mediator/referee, Ross Hart.


    #114092

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