Construction defect

Successfully mediated a construction defect matter that presented itself pre-litigation. Claimant homeowner hired a design professional and general contractor to perform a whole house remodel. Part of the remodel included a full re-do of an elevated exterior deck. The designer created a new design for the deck that the builder then implemented. Shortly after the remodel was completed, the deck began to show indications that water was getting under the tiles and damaging the outer edge of the deck. The builder asserted the design of the deck edge caused the issue while the designer alleged the builder failed to properly follow the plans and specifications. Prior to mediation, a new design was developed by a 3rd party designer that corrected the problem, and the builder developed a scope and cost of repair that fully remedied the damaged deck. Using the new scope and cost of repair as a guide, the case was resolved after a full day mediation.

The plaintiff, a condominium owner, sued his homeowners association (HOA), alleging property damage after the HOA began construction to replace the decks and siding of the multiunit building’s common areas. During the exterior repairs, the HOA required access to several units, including the plaintiff’s, to complete the work. The plaintiff claimed that the construction rendered the guest bedroom and master bedroom in his unit uninhabitable. During the course of the repairs, the HOA’s contractor also discovered mold in an interior wall of the plaintiff’s unit, which was caused by a leaking plumbing fixture. Disputes arose over who was responsible for repairing the damage and who should bear liability for other damages the plaintiff alleged occurred during the plumbing and related repair work. The case was successfully resolved following a full day of mediation.

Plaintiff Contractor and defendant property owner entered into a written contract to perform improvements to a residential property that included adding an ADU. Work commenced during the time of the Covid epidemic that delayed the project. Disputes also arose later in the project involving alleged cost overruns, as well as defective work that resulted in the contractor being terminated from the project. The contractor thereafter filed a mechanics lien and an action to enforce the lien. The homeowner filed a cross-complaint seeking damages for defective conditions. Following expert meetings and lengthy mediation, the parties were able to resolve the case.

Mediated breach of contract and construction defect claims between property owner and builder/designer of Accessory Dwelling Unit. Plaintiffs alleged the ADU was not built as originally represented, and when delivered contained numerous structural and construction defects. The builder/designer argued that the construction met design standards.

Successfully mediated mechanics lien dispute between commercial builder and property owner stemming from non-payment progress payments under the terms of the construction contract. Owner defended non-payment on the grounds the builder failed to comply with terms of contract and that there were alleged construction defects that the builder failed to timely remedy.

Successfully resolved litigated matter between contractor and property owner stemming from an extensive kitchen remodel. Homeowner, an elderly widow, alleged the contractor’s salesman engaged unfair bidding practices, and then failed to timely perform under the contract.