Confidential
Settlement – $4,500,000Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Tyler P. Berding
(Berding & Weil LLP)
Defendant
Alan H. Packer
(Newmeyer & Dllion)
William E. Adams
(Nossaman)
Barry W. Lee
(Manatt, Phelps & Phillips LLP)
Experts
Plaintiff
Edward F. Diekmann
(technical)
Daniel Chekene
(technical)
Leo Reihsen
(technical)
Steven O'Connor
(technical)
Defendant
Alan Kropp
(technical)
William R. Richardson
(technical)
Richard A. Holm
(technical)
Facts
From 1983 through 1988, an 80-unit townhome project in Richmond was developed under a joint venture of a subsidiary of a bank and builders. The defendant developer later succeeded to the defendant bank. The homeowners association and the individual class representaives claimed widespread defects, including failure of the built-up roofs and pitched roofs, water intrusion through roofs, windows, skylights, sliding doors and foundation walls, structural, fire separation and seismic, deficiencies, plumbing defects, electrical defects, hardboard siding failure, and inadequate site drainage. The defendants contended that defects mostly resulted from lack of maintenance. The plaintiffs brought this action against the defendants based on negligence, strict liability, breach of contract by express and implied warranties and negligent misrepresentation theories of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Damages
The plaintiffs claimed the cost to repair was $6.5 million. The defendants claimed the cost to repair was $2.1 million.
Other Information
The settlement was reached approximately three years and four months after the case was filed. Numerous settlement conferences was held before special masters John Griffiths, Tom Castle and Judge Barbara Zuniga resulting in the reported settlement.
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