Facts

This is a construction defect/failure to disclose matter involving a single-family residence located in an unincorporated area of El Dorado County. Plaintiffs purchased the property on Jan. 12, 2006, from defendants Steve and Heather Swan for the purchase price of $1,050,000. The Swans disclosed no construction deficiencies to plaintiffs. After taking possession of the property, plaintiffs became aware of various construction deficiencies including extensive cracking in travertine tile throughout the first floor of the building.

On Feb. 10, 2009, plaintiffs filed suit against the Swans and the general contractor, Cheryl Ann Thornberry dba Cherco, and later named the various subcontractors who performed work on the property.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that Cherco was the builder of the subject property and therefore strictly liable for the construction deficiencies which were identified by plaintiffs' experts. Plaintiffs also contended that the Swans are liable for failing to disclose construction defects that materially affected the value of the property; and that the various subcontractors are liable under negligence theories for the damage resulting from their work.

Plaintiffs' geotechnical experts testified that the significant cracking in the travertine tile was caused by excessive concrete shrinkage of the slab on grade foundation.

DEFENDANT'S CONTENTIONS:
Defendants denied any and all liability.

Result

The case settled for $347,600.

Other Information

Defendant Richard S. Orbea is in pro per. DISCOVERY REFEREE/SPECIAL MASTER: Mark L. Hardy, Esq. of Greenfield Hardy. FILING DATE: Feb. 10, 2009.