Gray•Duffy obtains full dismissal in construction defect Arbitration claim

April 2020

Jenifer Coffin, et al. v. Woodside 05S, LP, et al.

This claim arose out of alleged construction defects at three homes in Indio, CA. Our client performed finish grading at one of the homes. The case went to mediation at which time our client received a demand from the developer in the amount of $52,453. We took the position that although there were claims related to the soil at the property, those claims did not involve finish grading work. We offered $1,000 at mediation and put a 30-day time limit for the amount to be accepted.

Months later, the developer contacted us with a proposal to settle with our client for $5,410, based on a new lower demand from the homeowners. We informed developer counsel that offer of $1,000 had expired and that no new offers would be made. Several weeks later, the developer made a new revised settlement demand of $2,500, which we also rejected and reiterated that we would accept nothing other than a dismissal for a waiver of costs. Ultimately, the developer’s counsel agreed and dismissed our client.

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.