Confidential
Settlement – $1,000,000Court
USDC Central
Attorneys
Plaintiff
Defendant
Carol B. Lewis
(Von Behren & Hunter LLP)
Nicole Whyte
(Bremer, Whyte, Brown & O'Meara LLP)
Jeffrey S. Behar
(Ford, Walker, Haggerty & Behar LLP)
Facts
The homeownerÆs association of a planned development of 317 single unit family homes brought a claim against
developers for construction deficiencies primarily related to grading, drainage, debris flow and landscaping.
The action was based on strict liability, breach of warranty, negligence and breach of contract.
The developers cross-complained against various subcontractors claiming they were responsible for the
existing defects.
The plaintiff contended that the builderÆs design and construction was the cause of numerous defects.
The defendants contended that the problems were due to lack of maintenance or the fault of subcontractors.
The subcontractors alleged negligence on the part of the developers.
Other Information
The settlement was reached approximately four and a half years after the initial complaint was filed, with the assistance of mediator Ross Hart.
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