The Naumann Law Firm, PC announced today that it recovered $4,700,000.00 in damages on behalf of the Laurel Bay Community Association in a construction defect lawsuit.
The firm filed the lawsuit in the San Diego County Superior Court, Case No. 37-2013-00063690, on August 21, 2013 on behalf of the Laurel Bay Community Association (“Association”) against the developer/converter, Hammer Development, LLC and Hammer Laurel Condominiums, LLC. The lawsuit also named the initial developer and original contractor entities, Simpson Laurel Bay LP, SHLP Laurel Bay LLC, and GWC Contractors, LP. The project was originally constructed in 2004 for the purpose to serve as a residential apartment complex but was subsequently converted to condominiums a year later in 2005.
The Association first identified potential construction issues when it noticed water intrusion into its multi-level subterranean parking garage. The water leaks at the below-ground garage occurred at wall cracks and at floor-to-wall intersections. The firm’s investigation included an in depth mapping of water leaks which revealed active leaks at every garage level. Upon further investigation and testing, the firm discovered that the cause of the leaks was due, in part, to failed waterproofing at podium level planters. The firm’s ability to correlate the location of the garage leaks with the location of the planters led to a successful settlement in the case.
Handling attorneys William H. Naumann and Loren K. Shiu along with co-counsel, David M. Peters, argued that the developer/converter was responsible, among other things, for the defective planters, water intrusion issues in the subterranean garage, and the resulting damage stemming from all the construction deficiencies. As a result of the firm’s construction defect investigation, the Association asserted that the developer and other responsible defendants were liable to the Association under the theory of Strict Liability, Negligence and Breach of Implied Warranty. Following multiple inspections, mediations and depositions, the firm successfully obtained a settlement for the Association in the amount of $4,700,000.
Elaine Gower (858) 792-7474 (Media)
Copyright 2017. The Naumann Law Firm, PC. All rights reserved.
Press / Contact:
William H. Naumann, Esq.
Tel: (858) 792-7474