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CONFIDENTIAL

Apr. 29, 2000

Construction
Single Family Dwelling
Negligence

Confidential

Settlement –  $237,000

Court

Orange Superior


Attorneys

Plaintiff

Robert Clausen


Defendant

Neil M. Popowitz

Margaret R. Miglietta

Victor A. Lee
(Law Office of Anthony T. Schneider)

Linn Girvin

V. Norman Jewette Jr.

Douglas K. Lackey

David S. Schlueter


Experts

Plaintiff

Thomas E. Chesley
(technical)

Jack Weston
(technical)

Defendant

Darrell Knudson
(technical)

Facts

This action was brought by the homeowner of a custom-designed and built single family home in Newport Coast for the repair of defective construction. The primary defects were water intrusion through windows, doors, thresholds, decks, trim flashings and the roof.
Additional defects related to the chimneys, gutters, exterior plaster, deck railings and retaining walls. The plaintiff contended that the construction of the home was defective, particularly in regard to roofing, framing, decks and retaining walls.
The defendant contended that the claimed defects either did not exist or cost much less to repair than plaintiffÆs estimates.

Other Information

<m>A three-day mediation with Lon Hurwitz resulted in a global settlement.</m>


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