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Construction
Construction Defects
The Right to Repair Law

Leonardo Tellez, Maria Tellez, Kenton Taylor, Fairelene Taylor, Ernesto Silva, Damian Martinez, Sylvia Verduzco, Donny Nichols, Leticia Perez, Mario Vazquez, Alicia Robles, Raul Martinez, Maricela Martinez, Jorge Rivera, Maribel Rivera, Jorge Perez, Miguel Arvizu, Erika Arvizu, Raul Gonzalez, Gloria Gonzalez, Benjamin Urquidez, Melina Urquidez, Arm

Published: Oct. 12, 2013 | Result Date: Sep. 1, 2013 | Filing Date: Jan. 1, 1900 |

Case number: ECU04794 Arbitration –  $243,181

Court

Imperial Superior


Attorneys

Claimant

Gerald Sherwin

Clayton M. Anderson


Respondent

Mark Collinsworth

Jason A. Specht


Experts

Claimant

Steve L. Hill
(technical)

James Kenway
(technical)

Respondent

Russell E. Rack
(technical)

Facts

The 26 claimants in this matter purchased their homes in 2005 between the months of March to September and thereafter became aware of a number of defects in the construction. Continental Residential Inc. built the homes from 2003 to 2005 in El Centro's Miramontes tract.

The homeowners sued for violations of Civil Code Section 896, the right to repair law. The respondent completed select repairs from May 17-20, 2010. However, claimants alleged that certain repairs were either not made or were not made successfully.

Contentions

CLAIMANT'S CONTENTIONS:
Claimants claimed their homes exhibited defects in the windows (including broken frames and bowed sashes), sliding glass doors, roofs (loose or broken roofing tiles), stucco cracks, drywall cracks, and leaking or defective plumbing.

Result

Arbitrator awarded damages of $167,053 as well as investigation costs of $76,128 for the claimants, for a total recovery of $243,181.

Other Information

FILING DATE: Oct. 30, 2008.


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