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Construction
Construction Defects
Breach of Guaranty, Foreclosure

Comerica Bank-California v. Parker E. Sorg, Pacific Planning & Construction Inc., Benicia Plumbing Inc., Bloomberg Building Materials Inc., Coast Insulation Contractors Inc., Largo Concrete Inc., North Bay Waterproofing Inc., The Siding Specialist Inc., Web-Ven Inc. dba Window Haven, The Lawson Roofing Co. Inc., Volcano Drywall

Published: May 2, 2009 | Result Date: Sep. 15, 2008 | Filing Date: Jan. 1, 1900 |

Case number: MSC06-02434 Settlement –  $900,000

Facts

In 1999, Pacific Planning & Construction Inc. (PPC) agreed to act as general contractor for the construction of condominiums. Comerica Bank-California financed the project, which was commonly known as the Pinnacle at Brickyard Plaza in Port Richmond.

In 2002, Comerica filed for foreclosure of the property and appointment of a receiver. In 2006, Comerica filed a collection action against guarantors of the project Parker Sorg, Rocky Stitch, Sorg Corp., and R.V. Stitch Construction Inc. The guarantors had guaranteed Comerica's loan agreement with the developer, BYL Phase V Associates.

On April 11, 2007, Comerica filed a construction defect action against PPC and Intessa Corp., claiming negligence and breach of contract. The parties pulled in several subcontractors as cross-defendants including Benicia Plumbing Inc., Bloomberg Building Materials Inc., Coast Insulation Contractors Inc., Largo Concrete Inc., North Bay Waterproofing Inc., The Siding Specialist Inc., Web-Ven Inc., The Lawson Roofing Co., and Volcano Drywall.

Result

The parties settled for $900,000.

Other Information

Several parties named in the action were dismissed before settlement.


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