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CONFIDENTIAL

Jul. 26, 1997

Construction
Construction Defects
Condominium Complex

Confidential

Settlement –  $4,200,000

Judge

Tully H. Seymour

Mediator

Michael J. Duckor

Court

Orange Superior


Attorneys

Plaintiff

Thomas E. Miller
(Miller Law Firm)


Defendant

Scott Cranny


Experts

Plaintiff

Sam Huff
(technical)

Bill Sevier
(technical)

Thomas R. Hayes
(technical)

Bill Turpin
(technical)

Ronald Merritt
(technical)

Defendant

John Shirra
(technical)

George Swink
(technical)

James Eddington
(technical)

Jim Tabler
(technical)

Robert Burnett Perry
(technical)

Seb J. Ficcadenti
(technical)

Facts

The defendant development company built a 155-unit condominium complex in Aliso Viejo. The plaintiff homeowners' association claimed its residents discovered that the complex was plagued with defects, including leaking roofs resulting in dryrot in load-bearing structural members, deterioration of drywall, cracked stucco, engineering and electrical code violations manifested in wiring and mechanical failures. The plaintiff brought this action against the defendant based on a construction defect theory of recovery.

Settlement Discussions

The settlement discussions were not disclosed.

Damages

The plaintiff claimed $____________ in damages and cost of repair.

Other Information

The settlement was reached approximately one year and seven months after the case was filed. A mediation was held before Michael Duckor resulting in the reported settlement.


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