Gray•Duffy Obtains Dismissal of Claims For Concrete Subcontractor Client

August 2012

Overview

Lyn D. Tadlock of Gray•Duffy’s Redwood City office represented Atlantic Concrete, Inc. in a case involving alleged construction defects in a townhouse complex consisting of nine buildings and a common area swimming pool. Atlantic Concrete, Inc. installed the concrete flatwork around the swimming pool. Gray•Duffy negotiated a dismissal of all claims against Atlantic Concrete, Inc. for a mutual waiver of costs.

Discussion

California Marina HOA v. KB Home This case involved alleged construction defects in nine buildings in a townhouse complex and a common area swimming pool. Atlantic Concrete, Inc. installed the concrete flatwork around the swimming pool. Numerous allegations of construction defects with claims were brought against various subcontractors, including Atlantic Concrete, Inc. The developer sued Atlantic Concrete claiming they were responsible for several thousand dollars in damages. In light of the lack of documentation to prove either that the concrete flatwork around the common area swimming pool was defectively installed, or that the plaintiff had repaired any defects, Gray•Duffy negotiated a dismissal of the cross-complaint against Atlantic Concrete, Inc.

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.