Confidential
Settlement – $2,353,180Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Kenneth S. Kasdan
(Kasdan, LippSmith, Weber & Turner LLP)
Andrew D. Weiss
(Law Offices of Andrew D. Weiss)
Defendant
Joel A. Osman
(Parker Shaffie LLP)
Steven A. Simons
(Law Office of Steven A. Simons)
Paul V. Wayne
(Tharpe & Howell)
Mark K. Kitabayashi
(Lozano Smith APC)
Lisa K. Garner
(Gordon & Rees LLP)
Michael A. Coletti III
(Law Offices of Michael A. Coletti III)
Experts
Plaintiff
Chuck Osterman
(technical)
Peter S. Curry
(technical)
Dean J. White
(technical)
Marshall Long
(technical)
John J. Nicholas
(technical)
John A. Drake
(technical)
Richard Thornberry
(technical)
John R. Bardin
(technical)
James Lee Bynum
(technical)
Defendant
Charles Helin
(technical)
William B. Grinnell
(technical)
Lee Saylor
(technical)
Wade C. Johnson
(technical)
James R. Quiter
(technical)
Gordon Bricken
(technical)
Bruce A. Davy
(technical)
Rodney L. DuBois
(technical)
Gary Ludden
(technical)
Jack Weston
(technical)
Lynn W. Bockemohle
(technical)
Lawrence D. Brown
(technical)
William C. Sterling
(technical)
James R. LaCroix
(technical)
Steve M. Daderian
(technical)
Paul S. Bennett
(technical)
Steven C. Wright
(technical)
Steve Schemerhorn
(technical)
John M. Springman
(technical)
D. Sidney McVicker
(technical)
David F. Jolly
(technical)
Donald R. Hughes
(technical)
Robert L. Johnson
(technical)
Walter Saunders
(technical)
Ernest R. Orchard
(technical)
T.H. "Nick" Carter
(technical)
D. William Otey
(technical)
R. Dean Colin
(technical)
Facts
This action involved alleged construction defects and deficiencies in a 10-unit luxury condominium development located on the ocean. The construction commenced in 1988 and was completed in 1990; occupancy of all but one unit was completed by the end of 1990. The remaining unit never sold and was rented to Defendant developer; however, repairs to this unit was included in this lawsuit. The price range per unit was $750,000 to $1,200,000.
Settlement Discussions
Defendants contend their offer prior to the MSC was $900,000 and Plaintiffs' demand was $3,500,000.
Damages
The defects claimed included lack of firestopping; improper penetrations of fire-rated assemblies; improper construction of fire-rated assemblies; water intrusion into the subterranean garage; improper deck and balcony offsets and slopes; water intrusion at windows and French doors; lack of bonding and cracking in exterior stucco; improper construction, painting, and installation of exterior metal railings; cracking of interior drywall and tiles; improper preparation and painting of exterior metal surfaces; improper construction of stairs at spa; excessive lengths of laundry dryer vents; missing or inadequately-installed anchor bolts and lag bolts; improper shear wall nailing; lack of adequate acoustical separation between units and between units and common areas; electrical defects including installation of improper outlets, improper installation of fuse panels, and overall poor quality of electrical work; and settlement and cracking of an exterior patio wall and concrete parking apron. Plaintiffs' final damage estimate for the cost to repair the construction, including the cost to relocate the residents of the project, was $3,900,000.
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