This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Construction
Construction Defects
Breach of Contract

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

Ross Hart

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.


#137042

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390