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Contracts
Breach of Contract
Construction Defect

Williams v. Centex Real Estate Corp.

Published: Jun. 28, 2005 | Result Date: Feb. 10, 2005 | Filing Date: Jan. 1, 1900 |

Case number: SCVSS92972 Verdict –  $991,000

Judge

Mary E. Fuller

Court

San Bernardino Superior


Attorneys

Experts

Facts

The defendant Centex Real Estate Corp. was sued by 20 homeowners for multiple construction defects in their homes. Centex cross-complained against several of the subcontractors that worked on the plaintiffs' homes. Centex settled with the homeowners and all of the subcontractors except Donovan B. Construction. Centex pursued Donovan on its cross-complaint for indemnity under the subcontract with Donovan. The defendant/cross-complainant Centex maintained that the monies paid to the homeowners to settle their claims was reasonable. The cross-defendant Donovan argued that Centex had overpaid on the homeowners' concrete claims.

Settlement Discussions

Several mediations were held between the parties. Donovan's last settlement offer was $270,000. Centex's last settlement offer was $700,000.

Result

$991,000 Verdict for the Cross-Complainant.

Deliberation

2.5 hours

Poll

12-0 (whether Donovan's work was faulty), 11-1 (whether $826,000 was a reasonable amount for Centex to pay to the homeowners to settle the claims arising out of Donovan's faulty work)

Length

nine days


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