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CONFIDENTIAL

Jan. 7, 2003

Contracts
Breach of Contract
Negligence

Confidential

Settlement –  $159,000

Court

Orange Superior


Attorneys

Plaintiff

Catherine R. Finamore

Dennis R. Delahanty


Defendant

Ed Zorn

Dennis B. Luckman
(Lee, Hernandez, Landrum & Carlson, APC )


Facts

This is a consolidated lawsuit. Both the plaintiff subcontractors' actions originated as collection actions for money allegedly owed them as subcontractors for alleged work performed and materials supplied to the Project condominiums located in Coto de Caza. The HOA filed cross-complaints for alleged negligent repairs to the Project. The case was a second generation construction defect lawsuit which involved general contractors hired by the HOA to perform repairs to the Project following an underlying construction defect lawsuit against the original developer and its contractors. The repair general contractors were fired by the HOA before they could complete repairs at the project. There were payment disputes between the HOA and the repair general contractors, in addition to allegations of defective repairs. The HOA also alleged mold contamination as a result of defective repairs. The HOA hired a new set of contractors to complete repairs and remediate the alleged mold. The plaintiffs and the cross-defendants denial all liability to the HOA.

Other Information

Settlement was achieved with the assistance of George Calkins, Esq. The settlement was split equally between the plaintiffs. The HOA did not make a monetary contribution to the settlement. It was funded by the repair contractors or their insurance carriers.


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