Gray•Duffy obtains full dismissal in complex construction defect litigation

April 2020

Granite Park Association v. WREC San Pasqual, LLC

This claim arose out of alleged construction defects a condominium development located at 920 Granite Drive, in Pasadena, California. Our client’s scope of work involved decorative brick veneer on portions of the building exterior. There were substantial leaks at the project coming from the building exterior and particularly along the edges of the roofing.

Throughout several mediations, developer’s counsel declined to provide us with a settlement demand due to the moving target of damages alleged by the Plaintiff. Our investigation, without an expert, revealed that the water leaks were not coming from the portions of the building that had the brick veneer. We repeatedly requested that our client be dismissed from the case as there was no DT or other evidence that our client’s work was defective.

Ultimately, in lieu of attending further mediation, we offered to waive costs in exchange for a dismissal. The developer ultimately agreed, and our client was dismissed without payment of any amount as a settlement.

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.