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CONFIDENTIAL

Mar. 5, 1998

Construction
Negligent Construction
Condominium Complex

Confidential

Settlement –  $3,800,000

Court

L.A. Superior Pomona


Attorneys

Plaintiff

Lon F. Hurwitz


Defendant

Lawrence E. Lannon

Robert Green
(Weitz & Luxenberg PC)

Richard E. Buck Jr.
(JAMS)


Facts

In 1997, defendant general contractor constructed a 97-unit condominium project at Diamond Bar. In 1989, plaintiff homeowners began to notice problems including roof leaks, window leaks, earth movement, deteriorating pavement and hardscape, inadequate drainage and stucco cracking. The plaintiff homeowners association brought this action against defendants based on breach of warranty, strict liability and breach of contract theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $4.8 million. The defendants made various offers.

Damages

The plaintiff claimed $5.6 million in damages.

Other Information

The settlement was reached approximately four years after the case was filed. MEDIATION: Mediation was held over the course of one year before retired Justice Howard B. Weiner resulting in the reported settlement.


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