Gray•Duffy, LLP successfully negotiates a dismissal of claims against its client, a concrete and seismic joint installer in a multiparty construction defect lawsuit.

June 2016

Azzurra HOA v. Colony Marina Investors, Inc.

Overview

Patrick Roberts of Gray Duffy’s Encino, CA office successfully defended a construction defect claim on behalf of the installer of a concrete and seismic joint in residential high-rise building. After prolonged litigation and judicial reference proceedings, the firm’s client was dismissed without any monetary payment being made.

Discussion

This construction defect action arose out of claims involving a 19-story, 450 unit building in Marina Del Rey, CA that was constructed as apartments but later renovated to single-unit condominiums sold to the public. The Homeowners Association, as Plaintiff, asserted a global Cost of Repair in excess of $23 million. This case was originally filed in the Los Angeles Superior Court, and then submitted to Judicial Reference which involved numerous proceedings with respect to issues regarding statute of limitations, standing, and analysis of the resulting property damage concerning numerous defects. Developer, Swinerton Builders, had made a substantial demand to our client and we analyzed all of the relevant facts and issues, and put forth a modest settlement offer of $15,000. After continued and substantial negotiation on the issues, the matter ultimately settled globally with Swinerton’s WRAP carrier making a global settlement payment, no payments were made on behalf of the client or its specific carrier representative.

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.