Confidential
Settlement – $75,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Andrew Gillespie
(technical)
Connie Jenkins
(technical)
Defendant
Colin Young
(technical)
Elliott Levenson
(technical)
Michael J. Wintheiser
(technical)
Scott B. Arens
(technical)
Facts
The plaintiff purchased a manufactured home from Western Homes Corporation in 1998 for $65,000 and subsequently entered into a contract with Canamex Construction Company for site development, grading foundation, septic/leech field and installation of the home at the residential lot purchased by the plaintiff for this purpose. The construction contract was for approximately $55,000. Subsequent to taking occupancy of the residence, the plaintiff discovered and alleged that Canamex's work was defective and substandard in that it failed to properly install and construct the plumbing, including tub and shower drains which caused water problems, plumbing leaks and a mold condition. The defendants and cross-defendants contended that the home was manufactured properly without product defects; that the site work, foundation and installation was not negligently performed; that the plumbing defects were minor and did not necessitate a re-plumbing of the home, and the minimal mold discovered was caused by the plaintiff's over-watering and other causes. According to the defendant, the contract between the plaintiff and Canamex entitled the plaintiff to recover her attorneys fees of over $25,000 at the time the case settled prior to trial.
Settlement Discussions
PLEASE CAN YOU SUMMARISE?
Damages
Construction defects resulting in moisture problems and mold condition.
Result
The case was settled at $75,000 ($42,000 from Canamex Construction Company Inc. due to the plaintiff's contractual right to recover attorneys fees; $20,000 from Western Home Corporation; and $13,000 from Cal-Kool Air Condition and Heating).
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