Bruce Beasley v. Caldwell Roland Roofing
Published: Mar. 15, 2005 | Result Date: Jan. 6, 2005 | Filing Date: Jan. 1, 1900 |Case number: 741100041903HLT Arbitration – $36,327
Court
American Arbitration Association
Attorneys
Plaintiff
Defendant
Facts
In April 1998, the plaintiff Bruce Beasley purchased a warehouse building at 1924 Union Street, Oakland. Subsequent to purchasing the building, the plaintiff began extensive remodeling in an effort to convert the warehouse into an artists' live/work space. As part of his efforts to complete the building's renovation, the plaintiff contracted with the defendant Caldwell-Roland Roofing Inc. to remove a foam roof and other coverings down to the substrate, and re-roof the premises using a multi-ply bituminous roofing system. All aspects of the roof, including appropriate finishes for vents, downs pouts and skylights were included in the accepted bid along with a manufacturer's workmanship and materials warranty. During the course of installation, issues arose and a contract including subsequent modifications were entered into for approximately $84,000. Subsequent to the completion of the roof, the plaintiff complained about leaks that continued for over a year.
Settlement Discussions
The plaintiff made a pre-arbitration demand of $120,000. The defendant made a pre-arbitration C.C.P. Section 998 offer in the amount of $50,001 plus a waiver of the unpaid amounts owed the defendant by the plaintiff for the work performed in the amount of $18,000 for a total pre-arbitration award in the amount of $68,001.
Result
According to the plaintiff: The arbitrator, Richard Holderness found for the plaintiff; however, the arbitration award in the amount of $18,025 coupled with the plaintiff's pre-offer fees and costs were less than the pre-arbitration offer to settle. The arbitrator, having designated plaintiff the prevailing party, awarded the defendant its post-offer fees and expert costs in the amount of $24,000. The plaintiff was awarded a balance of $36,237 after the reduction for the defendant's attorneys fees and costs.
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