Facts

Plaintiff Las Ventanas Village Partners contracted with ZRS Construction to complete construction of an 80-unit apartment complex located in Escondido. Construction of the apartment complex was completed in early 2008. The two-story wood framed complex sits upon an above-grade podium deck parking garage.

Plaintiff filed a suit claiming the construction was defective.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the work carried out by the general contractor and four remaining subcontractors was improper. The subcontractors were BID Construction Inc. (water proof), Torres General Inc. (framer), Bay Sheet Metal Inc. (sheet metal) and Santa Fe Plaster (stucco).

Settlement Discussions

Bay Sheet Metal offered plaintiff $150,000. BID Construction offered $200,000.

Result

Plaintiff's verdict for $1,901,954 except as to defense verdict by Torres General. The general contractor was found to be jointly and severally liable to plaintiff in the amount of $1,806,078; BID Construction Inc. was found to be jointly and severally liable to plaintiff in the amount of $1,572,628; Bay Sheet Metal Inc. was found to be jointly and severally liable to plaintiff in the amount of $1,184,232; and plaintiff took nothing from Torres General Inc. resulting in a defense verdict by Torres General as to plaintiff's claims. Plaintiff was also awarded another $65,073 in damages for other miscellaneous defects, and $63,170 in damages for its investigative expenses, which is the amount plaintiff requested. Santa Fe Plaster settled with plaintiff during trial for $125,000.

Other Information

Defendants were found jointly and severally liable to plaintiff as follows: $395,967 general contractor and BID Construction Inc. for the courtyard podium deck; $168,376 general contractor for the courtyard podium planters; $561,866 general contractor (40 percent), BID Construction (40 percent) and Bay Sheet Metal (15 percent) for the second floor private concrete podium decks; and $551,624 general contractor (39 percent), BID Construction (51 percent) and Bay Sheet Metal (10 percent) for the third floor wood-framed decks. After judgment was entered, plaintiff received $1,776,954 with $1,276,954 being paid by Bay Sheet Metal and another $500,000 being paid by BID Construction in resolution of the matter. FILING DATE: Oct. 7, 2011.

Deliberation

1.5 days

Length

11 days