Negotiations Lead to Dismissal of Claims in Construction Defect Lawsuit

January 2012

Overview

Barry D. Brown of Gray•Duffy’s Redwood City office negotiated a complete dismissal for the firm’s client in a construction defect case involving a conversion of a commercial property to residential property. Gray•Duffy’s client, Reid Heating & Energy, Inc. installed the radiant heating system at the property and provided the infrastructure for a radiant cooling system.

Discussion

73 Sumner Street HOA vs. 73 Sumner, LLC

Gray•Duffy’s client, Reid Heating & Energy, Inc. (“Reid”), installed radiant heating systems and provided the infrastructure for a radiant cooling system in a residential property which had been converted from a commercial property. The plaintiff claimed that there were defective conditions on the property after the work by Reid was completed. Barry D. Brown of Gray•Duffy proved that Reid’s work did not cause or contribute to the defective conditions. Through negotiations, and with the assistance of an expert, Mr. Brown convinced the plaintiff’s attorneys and the developer that the claims against Reid should be dismissed, they eventually agreed and both filed dismissals shortly after.

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.