Beacons Beach Triad, LLC. v. Ruckle Construction, Inc., et al.
Published: Apr. 30, 2021 | Result Date: Mar. 9, 2021 | Filing Date: Jul. 1, 2019 |Case number: 37-2019-00034035-CU-CD-CTL Settlement – $1,000,000
Mediator
Court
San Diego County Superior Court
Attorneys
Plaintiff
William H. Naumann
(The Naumann Law Firm PC)
Loren K. Shiu
(The Naumann Law Firm PC)
Defendant
Jason A. Cohen
(Borton Petrini LLP)
Kenneth A. Rutan
(Borton Petrini LLP)
Experts
Plaintiff
Dan R. Werdowatz PE, SE
(structural engineering)
Paul Eide
(architectural)
Facts
The owner of a project, three new single-family homes, brought an action against the general contractor, Ruckle Construction, Inc. and various subcontractors for failure to perform services as required by the contract. The defects included but were not limited to improper framing installation, improper plumbing installation, improper roofing installation and improper heating ventilation and air conditioning installation, all which led to resultant damage and major construction delays to the project.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff Beacon's Beach Triad, LLC contended that defendants negligently performed their construction work and as a result breached their contract with plaintiff. As a result of the defective construction work, plaintiff suffered damages including but not limited to the cost of repairing the defects. Additionally, plaintiff suffered significant financial damages from construction delays resulting from the improper work performed by defendants.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Settlement Discussions
During the first mediation, plaintiff submitted a demand for $2,649,110.57.
Result
Following multiple mediations before mediator, Ross Hart, Esq., the case settled for $1 million.
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