Gray•Duffy secures dismissal of waterproofing subcontractor client in construction defect lawsuit.

August 2017

Overview

Michael Eisenbaum of Gray•Duffy’s Encino, California office, successfully obtained a dismissal on behalf of the client, who was a water proofing subcontractor involved in the construction of a large home in Benedict Canyon.

Discussion

Boswell Construction v Maple Investments

This case initially started as a claim by the general contractor for money owed for the construction of the home. Plaintiff, who was the owner/developer filed a cross-complaint and claimed a number of defects including water intrusion through walls below grade level. On behalf of the client, Gray•Duffy raised a defense that he had waterproofed pursuant to the plans and the instructions of the owner, and had explicitly warned of the potential problems with waterproofing only on the interior or negative side of the below grade walls. However, the owner ordered him to go forward as the waterproofing was going to be completed “in stages”. He was never asked to return to perform additional water proofing.

Ultimately the case was resolved for no money paid by the waterproofing subcontractor, and the case was dismissed in exchange for a waiver of costs on behalf of the waterproofer.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.