Gray•Duffy Extricates Subcontractor Client from Construction Defect Lawsuit with Zero Settlement Payment

June 2012


Barry D. Brown of Gray•Duffy’s Redwood City office successfully negotiated for a dismissal for the firm’s masonry subcontractor client, in a construction defect case involving 49 single-family residences located in Antioch, California.


Saxton vs. Richmond American Homes Gray•Duffy’s client, Hawksley Masonry, Inc. was named as a defendant and cross-defendant in the cross-complaint by the developer and the general contractor in a construction defect case involving 49 single-family homes. Based upon Gray•Duffy’s review and evaluation of the plaintiffs’ claims, the presentation by plaintiffs’ experts, and site inspections at the plaintiffs’ homes, the firm determined that the work of Hawksley Masonry did not cause or contribute to any of the defective conditions which were claimed in the homes. With the assistance of an expert, the firm was able to convince the counsel for the plaintiffs and the developer/general contractor that Hawksley Masonry should not contribute to the global settlement. As a result, Hawksley Masonry was included in the global settlement agreement with full release from all parties without any payment being made on their behalf, resulting in a dismissal.

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.