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CONFIDENTIAL

Oct. 7, 1999

Construction
Single Family Dwelling
Breach of Warranty

Confidential

Settlement –  $3,245,000

Judge

James L. Quaschnick

Court

Fresno Superior


Attorneys

Plaintiff

Michael T. Whitaker


Defendant

Chadney Ankele

Jonathan Margolis


Facts

From 1991 to 1993, the defendant developer and the defendant subcontractors constructed 131 single family homes in Clovis, California. The homes originally sold in the range of $99,000 to $135,000. The plaintiff homeowners claimed the homes had a variety of construction defects, including faulty framing, missing shearwalls and holddowns, leaking roofs and windows, cracked stucco, cracked sitework, defective plumbing and heating, ventilation and air conditioning. The plaintiff homeowners brought this action against the developer and its subcontractors based on breach of contract, breach of warranty and negligence.

Settlement Discussions

The plaintiff made a settlement demand for $7,910,590. The defendants made a settlement offer of $1,618,398.

Damages

The plaintiff homeowners association claimed $7,910,590 in damages.

Other Information

The settlement was reached approximately two years after the case was filed. A mediation was held before William Nagle, resulting in the reported settlement.


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