Example of Settlement, Trial and Arbitration Results

Construction Defect, (Remodel) Calistoga weekend homeowners with mineral well on property undertook to remodel a very large swimming pool. Breeze Pools of California was hired to do the entire remodel. The contract called for the swimming pool to be replaced with a swim in place infinity pool and a hexagon shaped spa. Plaintiffs/homeowners brought the claim in Napa County alleging that the contractor materially breached the terms of the contract by building an octagon shaped spa, failing to map the plumbing or acquire permits for use of the mineral well in accordance with federal law, incorrectly installed both pool and spa equalizer causing the pool temperature to be at the consistent temperature of the spa, made cosmetic errors in installing the tile mosaics, incorrectly installed the pool cover creating a slip and fall hazard on the pool deck, and committed fraud by misinforming the homeowners about price and cost items that were unnecessary or beyond the scope of their expertise including solar panel installation and concrete. The morning the matter was set for trial, the defendants settled for twenty thousand over plaintiff's demand.

Construction Defect, (Concrete and Soils Prep) A case involving Pool Contractor and concrete sub-contractor. At trial, plaintiff proved negligent construction and fraud against both defendants. Defense counsel asked for a mistrial that was granted. After proving fraud defense counsel admitted having a conflict of interest in representing both defendants in the case, thus the reason for mistrial. Jury was asked for their verdict despite the mistrial. The jury found for the plaintiffs. The jury was prepared to award in excess of $500,000 in damages and a punitive award for the fraud perpetrated against them by the contractors. Defendant’s refused to settle despite several opportunities. There was only $25,000 worth of actual property damage to plaintiff’s property. After the mistrial, the parties agreed to settle.

Construction Defect. (Pool Defect) One of the largest pool manufacturers in America failed to get a proper soils engineer before building a swimming pool for a house on a hill in Martinez, CA. The swimming pool began cracking and moving towards the home. Homeowners brought suit and won at arbitration.

Construction Defect, (Commercial Residential Mixed Use Building) Alpha Construction (plainitff), was hired to construct a mixed use building for a property owner (our client). Hipolito Espinoza, owner of Alpha Construction perpetrated a fraud on the owner of the property by fraudulently using the license of Giovanni Construction Company to sign the contracts for the construction project. During mid-construction, contractor became licensed with the California State Licensing Board. Contractor then attempted to extort money from the property owner. Property owner refused to pay, the contractor filed a mechanic's lien. Property owner, defendant and cross-complainant, moved to expunge the lis pendens and litigation ensued. Plaintiff eventually dropped all claims. Lien was removed and the surety company for the contractor paid on all bonds to our client, property owner.

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