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CONFIDENTIAL

Nov. 23, 1996

Construction
Construction Defects
Condominium Complex

Confidential

Settlement –  $3,200,000

Judge

Ross Hart

Jerold A. Krieger

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Leslie Steven Marks

Norman S. Wisnicki


Defendant

Gary G. Dye


Experts

Plaintiff

Josephson Werdowatz
(technical)

Michael Clements
(technical)

Defendant

R. Dean Colin
(technical)

Facts

On Feb. 14, 1991, the plaintiff homeowners association (HOA) brought this construction defects action against the developer of a 132-unit condominium complex located in Sylmar. The HOA alleged various defects including water intrusion and structural problems. The HOA brought this action against the defendants based on negligence, strict liability, breach of contract and breach of warranty theories of recovery. The defendant developer named the cross-defendants and various subcontractors it claimed were responsible for the defects claimed by the plaintiff.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $3.9 million.

Damages

The plaintiff claimed $5,712,849.65 in costs of repair.

Other Information

The settlement was reached approximately four years and seven months after the case was filed. MEDIATIONS: Numerous mediations were held over the course of three months before Ross Hart of AAA resulting in the reported settlement. The settlement was global, including all subcontractors, suppliers, manufacturers and the declaratory relief action based on coverage disputes.


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