Homeowners v. General Contractors, Subcontractors
Published: Nov. 12, 2021 | Result Date: Jun. 23, 2021 | Filing Date: Nov. 21, 2019 |Settlement – $860,000
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)
Facts
Plaintiffs, a large group of single-family homes, filed a claim against the general contractor and several sub-contractors responsible for the construction of the project. The homes within the project included crawl spaces due to the elevations. Plaintiffs experienced musty odors within their homes and leaking windows leading them to engage the firm. Upon further investigation, plaintiffs' experts discovered the crawl spaces were not properly ventilated causing bio-organic growths in the crawl spaces, home interiors and musty odors within the home. Additionally, plaintiffs experts discovered improper window installation and roof membrane installation led to leaking through the windowsills and ceilings. Other defects included stucco cracking, drywall cracks, and miscellaneous code violations.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs contended that there were defects in the development, workmanship, repairs, materials, planning, design, engineering, and construction of their homes and improvements by the general contractor and subcontractors that violated Civil Code sections 895 et seq. As a result of the defective work, plaintiffs suffered damages including but not limited to the cost of repairing those defects.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Result
Following multiple mediations before mediator, Ross Hart, Esq., the parties agreed to settle the matter for $860,000.
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