Gray•Duffy, LLP Negotiates Early Dismissal of Structural Engineer in Multi-Party Construction Defect Lawsuit

April 2014

Overview

Ed Scott of Gray•Duffy’s Redwood City office successfully reached a settlement in a construction defect case which included a dismissal of the firm’s client, a structural engineer, with no monetary payment.

Discussion

Narain v. Michael Howes dba MCB Remodeling, et al. This lawsuit involved alleged construction defects at a 5,900-square-foot, two-story home located in Saratoga, California. The homeowner alleged various construction defects, including installed limestone that was cracking and needed to be removed. On behalf of the firm’s structural engineer client, Mr. Scott contended that he designed the structural elements for the floor correctly, but the damage was due to changes made by the homeowner, which included the use of OSB rather than the plywood which was originally specified. A limestone floor was installed after the structural design was completed, although the original designed called for a concrete tile floor finish. The structural engineer was not consulted about this change after completing the structural work. There was also evidence that the installer of the tile floor failed to provide the proper mortar bed, resulting in adhesion failures of the tile. The case ultimately settled as to all parties for $425,000. As a result of Mr. Scott’s thorough and knowledgeable defense, the structural engineer was dismissed from the case in exchange for nothing more than a waiver of costs.

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.