Facts

In March 1994, plaintiffs Dennis and Suzanne Adair entered into a written construction contract with defendant J. Fisher Construction Inc. (Fisher) for building plans and a remodel of the Adair's home, which was located on a southeast downward sloping Solano County lot. Specifically, Fisher was to construct a wood-framed, single-story addition and expand the entry wall opening of the home.

On Sept. 13, Fisher called for and passed county's final inspection of the completed remodel.

In 2001 or 2002, the Adairs began to notice cracks in their home's ceilings and wall finishes, most of which, they alleged, originated where the addition intersected the original house. Windows and door frames were dysfunctional and misshapen. The floors were uneven and sloping, especially in the area of the addition.

After hiring an expert, they found more problems, including failure of the original stemwall foundations, cracks in concrete slabs, improper construction of pillars and support beams, missing anchor bolts and doweling from the entryway foundation, separation of the entryway from the rest of the house, separation and bowing of the house's trim and sidings, crooked and rotated interior piers, posts, and girders, displacement of the entire residence, out of square doors and sliding doors, separated windows from their frames, cracking drywall with popped nails, shortened footings of the addition's foundations that had a two feet discrepancy from the architect's plans.

PLAINTIFF'S CONTENTIONS:
The Adairs claimed Fisher breached its contract and was liable for negligence. They claimed that foundation of the bonus rooms were installed defectively, causing it to either rotate or move. They further claimed that the design and construction of the renovation were defective.

DEFENDANT'S CONTENTIONS:
The defense claimed that the damage was caused by soil settlement because lateral pressure would not have caused the floors in the original home to sink. Fisher conceded some construction related issues and water damage in the entryway, but maintained that the entryway did not need to be entirely replaced.

Settlement Discussions

Confidential settlement discussions were not successful. On June 30, 2005, Fisher offered $5,001, via CCP 998. On April 14, 2009, Fisher offered $65,000, via CCP 998.

Damages

The Adairs claimed $600,000 for repairs and other consequential damages, including relocation expenses.

Result

A verdict was found for the Adairs for $60,000.

Other Information

FILING DATE: Aug. 19, 2004.