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CONFIDENTIAL

May 24, 1997

Construction
Construction Defects
Condominium Complex

Confidential

Settlement –  $4,000,000

Judge

John P. Farrell

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Leslie Steven Marks

Norman S. Wisnicki


Defendant

Jeffrey D. Masters

Charles A. Bennett

Timothy N. Thompson


Experts

Plaintiff

Harry A. MacDonald
(technical)

Josephson Werdowatz
(technical)

Valentine S. Hoy
(technical)

Gary Jackson
(technical)

Fred Uttke
(technical)

Michael Clements
(technical)

Defendant

Raymond E. Steinberg
(technical)

Ray Lombard
(technical)

Paul Henry
(technical)

Facts

The defendant developer constructed a 140-unit condominium complex in Pacoima. Residents of the complex began to notice various alleged defects, including roofing, architectural, structural and mechanical defects. The plaintiff homeowner's association brought this action against the developer and various subcontractors based on negligence, strict liability, breach of contract and breach of warranty theories of recovery. The defendant developer filed a cross-complaint against the various subcontractors it claimed were responsible for any existing defects.

Settlement Discussions

The plaintiff made a global settlement demand to the defendant developer for $5 million. The defendants' settlement offers, if any, were not disclosed.

Damages

The plaintiff claimed an unspecified sum in cost-of-repair damages.

Other Information

The settlement was reached approximately three years and one month after the case was filed. Numerous mediation sessions were held before Ross Hart of American Arbitration Association, resulting in the reported settlement.


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