The Naumann Law Firm and JCL Law Firm announced today that it has recovered $3,099,000 in damages for a construction defect lawsuit against the developers, contractors, subcontractors and sellers of the Otay Crossing Business Park.
The firm filed the lawsuit in San Diego Superior Court, Case No. 37-2012-00087560 on behalf of the Otay Crossing Owners Association (“Association”) against the developer, contractors/subcontractors/builder/general contractor, seller, design engineers and subcontractors, which participated in the development, repairing, servicing, marketing and selling of 16 commercial condominiums at the Otay Project.
The entire Project is comprised of eight (8) concrete tilt-up commercial/light industrial warehouses with attached office space. The Buildings contain sixteen (16) commercial/light industrial office condominiums. The plaintiff business owners contended that their newly purchased warehouses were damaged, in part, because of highly expansive soils exacerbated by defectively designed and/or constructed site drainage systems. Severe damage to the buildings was being caused by water infiltrating into the expansive soil, primarily through the planters, causing it to expand. The water infiltration was being caused by poor drainage on the property. As a result, plaintiffs would be required to incur significant costs to repair the damage.
The seller marketed and sold the properties as “new” without disclosing material facts regarding the Project’s expansive soil condition and resulting damage. The design engineers did not follow their own recommendation, which caused a chain reaction of the defects and damage to the interior and exterior of the buildings.
Mr. Naumann and Mr. Lapuyade argued that the defendants defectively designed the drainage system, causing the water infiltration to occur and cause severe damage to the buildings. Also, Mr. Naumann and Mr. Lapuyade proved that the seller sold the buildings without disclosing a key fact that the soil surrounding the building was expansive. As a result, Mr. Naumann and Mr. Lapuyade asserted that the builder/general contractor, seller, design engineers and subcontractors, were all liable to the plaintiffs business owners under the theory of strict product liability. Shortly before the start of trial, and following multiple mediations and depositions, Mr. Naumann and Mr. Lapuyade successfully obtained a settlement for their clients in the amount of $3,099,000.00.
William H. Naumann, of The Naumann Law Firm and Jean Claude Lapuyade, of JCL Law Firm were the handling attorneys.
Elaine Gower (858) 792-7474 (Media)
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Press / Contact:
William H. Naumann, Esq.
Tel: (858) 792-7474
Jean-Claude Lapuyade, Esq.
Tel: (858) 792-7474