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CONFIDENTIAL

Feb. 23, 2002

Contracts
Construction Defect
Negligence

Confidential

Settlement –  $6,899,910

Judge

Thomas J. Hutchins

Court

Ventura Superior


Attorneys

Plaintiff

Bryan M. Garrie
(Bryan M. Garrie, APC)


Facts

The Civic Arts Plaza development in the City of Thousand Oaks was completed in 1994. It suffered from design
and construction defects causing water intrusion and malfunctioning of the Thermal Energy Storage System.
The plaintiff City of Thousand Oaks contended that the design and construction defects were caused by the
design professionals, construction manager, contractors and material suppliers responsible for the development
of the Civic Arts Plaza.
The defendants contested the nature and extent of the defects and the amount claimed
to cover the repair costs.

Settlement Discussions

Offers and demands were made and submitted over lengthy and protracted mediations, resulting in a settlement of $6,899,909.

Other Information

<M>The case was settled under a mediation was held before Ross Hart of American Arbitration Assn.</M>


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