Behrens v. Scott, et al.
Published: Feb. 3, 2004 | Result Date: Aug. 1, 2003 | Filing Date: Jan. 1, 1900 |Case number: 805707 Bench Decision – $574,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Serge Tomassian
(Tomassian, Throckmorton, Inouye & Grigorian LLP)
Defendant
Michael D. McEvoy
(Murchison & Cumming LLP)
Experts
Plaintiff
Gregory A. Cheatham
(technical)
Pete Koch
(technical)
Gregory W. Axten
(technical)
Facts
The plaintiff hired a general contractor, Shane J. Scott dba S.J. Scott Construction, the defendant, to build a luxury custom home in Corona del Mar. The home was built with two decks overlooking the canyon above Little Corona Beach. The framing, flashings and tile on the two decks were defective and improperly installed, which enabled rain water to permeate into the home on both floors. In addition, the contractor placed a water spout on the wrong side of the exterior wall so that rain water scoured the slope alongside the southwest property line rather than draining toward the street. There were also other structural and construction defects. The plaintiff brought causes of action for negligence, nuisance and breach of contract, inter alia, against the framing subcontractor, D.C. Sterling Co. Inc., who installed the flashings and built the decks. The general contractor filed a cross-complaint against the plaintiff, et al. for breach of contract, quantum meruit and indemnity.
Settlement Discussions
The plaintiff reached settlements with other defendants, including the architect and other subcontractors for approximately $35,000 for their liability for various other construction defects.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390