Gray•Duffy Negotiates Minimal Settlement in Alleged Construction Defect Case Involving Two Crane Operators

January 2012

Overview

Barry D. Brown of Gray•Duffy’s Redwood City office represented Bragg Crane & Rigging in a case involving alleged construction defects in six commercial buildings located in San Jose, CA. The case was globally settled for $3,886,000 with Bragg Crane paying less than 2 percent of the total settlement.

Discussion

Venture Commerce Center v. VCC-San Jose

The case involved alleged construction defects in six commercial buildings located in San Jose, CA. Two crane operators, Bragg Crane & Rigging and Bigge Crane, were contracted to lift exterior concrete panels onto the six buildings. The claim against Bragg Crane & Rigging was that the lifting process caused many cracks in the exterior concrete panels. Barry Brown of Gray•Duffy asserted that there was little evidence of any problems that occurred during the lifting process, but was ultimately confronted with the indemnity and the attorneys’ fees issues contained in the contract between Bragg Crane & Rigging and the general contractor and claims for defense fees incurred by the general contractor. Gray•Duffy resolved the case on behalf of its client for $65,000, which was $10,000 less than that paid by the second crane operator. This an example of why it is important for crane operators to have crane training before they are put on the job. The settlement was approximately 20 to 25 percent of the cost of defending the case through trial.

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.