CONSTRUCTION DEFECT

Breach of construction contract. Defendant contracted with Plaintiff to build/remodel home in the mid seven figures. Various delays occurred and approximately 1 year after the contract was signed construction still had not begun. Defendant terminated the contract and plaintiff claimed defendant breached the contract and owed nearly $1mm per a liquidated damages provision. Defendant argued he was entitled to terminate the contract and incurred several million dollars in damages due plaintiff delays and increased costs for a replacement contractor.

Multi building/unit condominium case in which Plaintiff HOA claimed $11 million cost of repair. Plaintiffs alleged significant water intrusion requiring removal and replacement of building exterior and windows. Architect was also sued, with allegations of substandard design. Defendants disputed Plaintiffs claims and argued to the extent repairs were warranted, windows and exterior could be repaired without removal. Defense cost of repair estimate was approximately $ 2 million. Architect asserted there was no violation of the standard of care.

Construction defect claim involving 148 townhomes and 26 buildings. Defects alleged at decks, stucco and roofing. Damages exceeded $13,000,000. Defense argued excessive cost of repair by plaintiff and lack of statistical basis for claims.

Construction defect case involving 19 single family homes. Plaintiffs claimed defective concrete slabs requiring removal and replacement of stucco and drywall cracks. Defense argued slabs needed only minor repairs as did stucco and drywall.