Confidential
Settlement – $146,900Court
Contra Costa Superior
Attorneys
Plaintiff
James J. Matson
(Matson Law Firm)
Defendant
Experts
Plaintiff
Michael P. Ward
(technical)
Defendant
Jax Kneppers
(technical)
Facts
In March of 1992, Plaintiffs contracted with Defendant to construct their single family residence in Pinole. The contract price was $253,850. Special attention was given to the completion date of construction; September was chosen to accommodate Plaintiffs' expected childbirth. Defendant completed the construction several months late; and the residence contained numerous construction deficiencies. In addition, water intrusion during the winter of 1992-93 required replacement of the roof. Plaintiffs' complaint was filed in May of 1993.
Settlement Discussions
Plaintiffs contend Defendant offered $80,000 in settlement prior to the May 1994 trial date. Plaintiffs' demand was not disclosed.
Damages
$17,000 roof replacement; $50,000 siding and window flashing repairs; $58,000 cost of repair due to other, less significant, code violations and "pick-up" items; and unspecified punitive damages and emotional distress damages.
Injuries
Emotional distress.
Other Information
A trial date of May 1994 was vacated when Defendant filed for bankruptcy the prior week. Plaintiffs obtained relief from the automatic bankruptcy stay in order to pursue the proceeds of Defendant's liability insurance policy. A new trial date of September 19, 1994 was scheduled; Plaintiffs were to be limited in their recovery to the proceeds of the Defendant's insurance carrier's policy, insofar as any of the claims were covered under that policy.
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