This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Contract
Construction

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

Bill D. Nelson


Defendant

Shahab E. Fotouhi


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.


#86878

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390