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CONFIDENTIAL

Feb. 24, 2000

Construction
Construction Defects
Water Damage

Confidential

Settlement –  $4,955,000

Judge

Joseph E. Bergeron

Court

San Mateo Superior


Attorneys

Plaintiff

Paul B. Lahaderne
(Sedgwick LLP)

Maria J. Giardina
(Troutman Sanders LLP)


Defendant

David L. Strong
(Menekshe Law Firm)

John A. Noda

Keith G. Bremer
(Bremer, Whyte, Brown & O'Meara LLP)

Patricia M. Leary

William Healy

Robert D. Lockhart

John Bergholt

Susan Gray

Winifred Botha
(Office of the Santa Clara County Counsel)

Kevin P. McCarthy

Jennifer Watson

Kevin J. Tully

Daniel M. Crawford

Matthew D. Giampaoli
(Collinsworth, Specht, Calkins & Giampaoli LLP)


Facts

The Colina Association recovered over $4 million in the late 1980s and hired the cross-defendants to design and
implement a repair scheme intended to resolve water infiltration problems at the complex. Water infiltration
occurred at the complex both during and after repairs were performed by the cross-defendants.
The lawsuit sought compensation for defects in the design and construction of plumbing,
flashing and waterproofing components which were a part of the overall rehabilitation scheme.

Damages

Cross-complainant Colina Association claimed $6 million for repairs occasioned by water damage and dry rot.

Other Information

Numerous settlement conferences were held before Gordon McClintock, Special Master, resulting in settlement in favor of cross-complainant Colina Association in the amount of $4,955,000. Repairs were post-litigation rehabilitation repairs. This settlement was more than the original settlement in 1989.


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