Martin Carlin v. Hightech Builders International
Published: Jun. 15, 2002 | Result Date: May 9, 2002 | Filing Date: Jan. 1, 1900 |Case number: BC222949 Verdict – $944,720
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
William E. Ireland
(Haight Brown & Bonesteel)
Experts
Plaintiff
Jack Allen
(technical)
Facts
The plaintiff, Martin Carlin, purchased a newly built single family residence in Calabasas for his adult daughter,
Annette. The residence was built by the defendants, Thomas Campbell and his adult son, Konstantine
Campbell. Hightech was a corporation used by Konstantine and Thomas Campbell as an entity with a
contractorÆs license to build their projects.
Prior to this litigation, the corporation was found by a bankruptcy judge in a bankruptcy case Thomas filed to
be the alter ego of Thomas Campbell. At trial in this case, Thomas and Konstantine Campbell admitted that it
was their alter ego and had no existence separate from them. The residence was newly constructed and had
never been lived in. The defendants insisted that the sale contract contain an "as is" provision and the plaintiff
agreed to this. Escrow closed in May 1998 and within several months, Annette Carlin, the plaintiffÆs daughter
who was living in the house, began having problems with the plumbing system. The first time it rained, water
intruded heavily into the residence. Emergency repairs were needed. Within one year after escrow closed, the
plaintiff and his daughter had spent approximately $20,000 to correct plumbing problems and to install new
flooring as a result of damage caused by the water intrusion. The plaintiff demanded that defendant Thomas
Campbell pay approximately $20,000 to compensate the plaintiff for defective construction. The defendant
refused.
Subsequently, upon discovering other problems, the plaintiff and his daughter filed this lawsuit seeking
damages for the construction defects, based upon breach of warranty, negligence and fraud based upon
concealment.
Deliberation
two days
Length
seven days
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