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    • CONFIDENTIAL

    Oct. 2, 1993
    Verdicts and settlements
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    Breach of Contract
    Construction Defects
    Townhouse Development

    Confidential

    Settlement –  $205,000

    Judge

    Joseph R. Weil

    Court

    L.A. Superior Van Nuys


    Attorneys

    Plaintiff

    Joseph R. Serpico


    Defendant

    Nolan B. Henderson

    Dominic J. Fote

    Chan B. Reader
    (Hartsuyker, Stratman & Williams-Abrego)

    Gary E. Kinnett


    Experts

    Plaintiff

    Raymond Itaya
    (technical)

    Clark Porche
    (technical)

    Jerry A. Ryan
    (technical)

    Defendant

    Besim O. Bilman
    (technical)

    Michael Clements
    (technical)

    Robert T. Jacobs
    (technical)

    Facts

    The subject of this lawsuit is an 86-unit townhouse development in Thousand Oaks, constructed in 1981 by Defendants. Certain units developed roof leaks where sloped tile roofs adjoined vertical stucco walls between living room and bedrooms. During discovery, Defendant's experts discovered defects in the attic firewalls in the type "C" units. 135 type "C" units had a roofing defect consisting of over-spanned structural roof rafters.

    Settlement Discussions

    Plaintiffs contends their demand was $570,000 and Defendants offer was $110,000 (at trial in January, 1993).

    Damages

    Attic fire walls $500,000; roof bracing repair $250,000; past roof repairs $70,000; estimated roof replacement $275,000.

    Other Information

    This case settled at a voluntary settlement conference before Honorable Robert R. Weil, retired.


    #121767

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