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CONFIDENTIAL

Jan. 8, 1994

Breach of Contract
Condominium Development
Construction Defect

Confidential

Settlement –  $9,151,000

Judge

Kevin W. Midlam

Court

San Diego Superior


Attorneys

Plaintiff

James K. Eckmann

Tomas Morales


Defendant

Jeffrey M. Shohet

Joyia Z. Greenfield

Bart Beddoe


Experts

Plaintiff

Stanley C. Livingston
(technical)

George Reinhart
(technical)

Larry J. Gliko
(technical)

Harry A. MacDonald
(technical)

Curtis H. Lee
(technical)

Dennis Wasson
(technical)

Carl H. Josephson
(technical)

H. Stanley Espenship
(technical)

Defendant

Raymond Alcarez
(technical)

Edward L. Oremen
(technical)

Seb J. Ficcadenti
(technical)

George Swink
(technical)

Mitchell Murphy
(technical)

Michael Stevens
(technical)

Facts

Plaintiff homeowners association represented a 300-unit condominium project completed in the City of Carlsbad by Defendants in 1986. The units were originally priced from $129,990. After roof leaks occurred throughout the project, an investigation was conducted which revealed numerous construction defects: roofing, structural, siding, sliding glass doors and windows, fireplaces, ceramic tile, fireproofing, attic eaves vents, electrical, and mechanical. Plaintiffs brought suit against the Defendant developers on May 18, 1992; and the developers cross-complained against the subcontractors involved in the construction of the project.

Settlement Discussions

Plaintiff contends that no firm offers or demands were made prior to the date of this settlement.

Damages

$18,400,000 (per Plaintiffs); $7,500,000 (per Defendants).

Other Information

Mediation sessions were held from May through December 15, 1993, and were supervised by the Hon. F. V. Lopardo, retired.


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