Gray•Duffy Secures Dismissal of Construction Defect Claims in Exchange for a Waiver of Costs

January 2012

Overview

John Duffy of Gray•Duffy’s Encino office successfully negotiated for the dismissal of the firm’s client, The Metal Shop, in a construction defect lawsuit.

Discussion

Cottonwood Glen Assoc. v. Eagle Ventures, et al.

The Metal Shop supplied and installed several components for heating and air conditioning systems in various locations throughout the plaintiffs’ homes. They also supplied numerous fireplace components but did not install them. Z-bar flashing was also supplied by The Metal Shop, but not installed because the property hadn’t been properly prepared for installation. The owner of the Metal Shop advised the general contractor that the project had not been properly prepared and therefore, he did not complete the installation. Other carpenters were responsible for the installation of Z-bar flashing and perhaps other sheet metal.

Gray•Duffy was retained to extricate The Metal Shop and its owner from the cross complaint in this matter. Eventually, The Metal Shop and its owner were dismissed for a waiver of costs since the developer could not establish that The Metal Shop installed the items.

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.