Gray•Duffy secures dismissal in favor of client in construction defect claim

August 2018

Overview

Patrick Roberts of Gray•Duffy Encino, CA office takes aggressive approach during and after mediation, which resulted in the construction defect claims against the client being withdrawn.

Discussion

Michael A. Scavone dba Advanced Wallcovering v. Harrell Hospitality Group, LLC

An action was commenced in Santa Barbara Superior Court by Advanced Wallcovering, seeking outstanding monies owed for construction work performed at the Santa Ynez Valley Marriott Hotel. The building owners cross-complained against the firm’s client for substantial construction defects relating to wholesale failure of the pool, as well as claims relating to improper installation of various building components, including shower doors (which resulted in alleged personal injury to individuals), and water intrusion issues.

This matter was submitted to mediation and during the course of mediation, the hotel operator indicated that they would not be paying any monies to the client, and were continually asserting claims in excess of $130,000 for the alleged defects. As a result of informal discovery, it was determined that the alleged claims raised by the hotel owner did not appear to be valid.

Following the mediation and with continued involvement of the mediator, this matter resolved in its entirety with the owner withdrawing its claims against the firm’s client for defective construction, with money paid to the client on its claim.

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.