Confidential
Settlement – $15,220,000Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Thomas E. Miller
(Miller Law Firm)
Defendant
Facts
In 1988, the defendant builder began construction of a luxury condominium development with an excess of 400 units with common areas. The units originally sold for between $450,000 and $950,000. The project was built in two phases, commencing in 1988. The plaintiff alleged improper design and construction defects in the roofs, fire systems, windows, electrical systems, soil, acoustical system and the structural, architectural and plumbing and mechanical systems against the defendant builder, developer, general contractor and various sub-contractors. The plaintiff, homeowners asociation, brought this action against the defendants based on negligence, strict liability, breach of express and implied warranties and negligent misrepresentation theories of recovery.
Settlement Discussions
The plaintiff made a $17,750,000 settlement demand. The defendants made a $10,000,000 settlement offer.
Damages
The plaintiff alleged that the estimated cost of repair was in excess of $30,000,000. (The defendants cost of repair estimate was $3,500,000.)
Other Information
The settlement was reached approximately three years and one month after the case was filed. A number of mediation sessions were held in July of 1995, and early 1996, before Merv Thompson resulting in the settlement. The settlement was reached prior to expert witness depositions taking place.
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