| A construction defect case. The HOA identified 18 separate
areas of deficiencies in the construction of the Cambridge Terrace
project: Roofs; framing; area separation assemblies; bathrooms;
floors; stucco/exterior plaster; hardboard siding/wood trim; windows;
acoustical; stairways; site work/exterior elements; interior gypsum
board; garages; nonstructural framing; mechanical; electrical;
civil; seismic elements; and miscellaneous items. On the eve of
trial the developer/general contractor and the Association reached
a $6,500,000.00 settlement. |
| Plaintiff's Medical Expert Witnesses |
None |
| Defendant Medical Experts |
None |
| Plaintiff's Technical Expert Witnesses |
Architectural William L. Russell RUSSELL ARCHITECTURE
2079 Garnet AvenueSan Diego, CA 92109 Tel. 619/273-5827 FAX 619/273-2181
Structural Edwin H. Johnson ATKINSON, JOHNSON & SPURRIER, INC.
4121 Napier Street San Diego, CA 92110 Tel. 619/275-1530 FAX 619/275-2510
Mechanical William J. Sevier SEVIER SISKOWIC ENGINEERS 8989 Rio
San Diego Dr., Ste. 240 San Diego, CA 92108 Tel. 619/299-2161 FAX
619/299-5415 Civil engineer Peter J. Pountney POUNTNEY & ASSOCIATES,
INC.4455 Murphy Canyon Road San D |
| Defendant's Technical Expert Witnesses |
DEFENDANTS CAMBRIDGE TERRACE Eric Klock - Architectural
Carl Josephson - Structural Wilmot Macklin - Cost estimator William
Sevier - Mechanical Eugene Cook - Civil Dan Lubman - Acoustical
Don Blackstone - Appraiser Bill Thomas - Windows |
| Defendant Insurance: |
USF&G, Scottsdale; Golden Eagle and TransAmerica |
| Date, Time and Place of Incident (s) |
N/A |
| Facts and Background |
Plaintiff, the Cambridge Terrace Owners Association,
represents the interest of the owners of the 108 condominium units
at the Cambridge Terrace project. The project was constructed in
1988 through 1989 with the closing of the first escrows occurring
in the second half of 1988. By its lawsuit, the Association sought
to recover the costs associated with repairing the numerous construction
deficiencies throughout the common areas of the project. The project
was developed by a partnership called Cambridge Terrace which had
as its general partners, Odmark & Thelan (formerly Odmark development
Associates) and Great American Development Company. Odmark & Thelan
was itself a general partnership consisting of two corporations:
Odmark Development Company (owned by Ted Odmark) and Ontarioville
Holding Company (owned by John Thelan). The general contractor
for the project was a related entity called Newmark Construction
Company. Newmark Construction Company was a general partnership
consisting of Odmark & Thelan and HBK Company, Inc. The present
action is actually the continuation of an earlier action, filed
Mayæ1, 1991, which was dismissed without prejudice on about Februaryæ28,
1992. This dismissal was pursuant to a mediation agreement between
the developer and the general contractor and the Association. In
order to entice the Association to drop its lawsuit, the developers/general
contractor paid the Association $120,000 for its legal fees and
costs to date. The mediation team investigated the project and
determined that it would cost approximately $2,100,000 to fix the
project. The developer/general contractor and their insurance companies
refused to settle the case by paying the $2,100,000. The developer/general
contractor and their insurance carriers refused to offer the Association
anything until they had refiled their lawsuit, and then it was
only $1,500,000. The developer/general contractor became aware
of numerous problems in the design and constru |
| Plaintiff's Contentions, Allegations |
N/A |
| Injuries and/or Damages |
Plaintiff $9 million, Defendant $2 million |
| Defense: |
Contended that many of the issues were not defects
and that the defects that were found could be fixed for less. |
| Notes: |
N/A |
| Specials: |
N/A |
| Demand: |
N/A |
| Offer: |
N/A |
| Prior Arbitration: |
N/A |
| Settlement Amounts: |
$6,500,000.00 |
| Verdict or Award: |
N/A |
| Other Verdict Details: |
N/A |
| Length of Trial: |
N/A |
| Jury: |
N/A |
| Jury Polled: |
N/A |
| Post Trial Motions and Post Verdict Settlements |
N/A |
| Attorney for client |
Mitchell S. Golub and Mickey McGuire |
| Attorney for defendant |
Charles R. Grebing, Esq. Kimberly Cary, Esq. WINGERT,
GREBING, ANELLO & BRUBAKER 600 West Broadway, 7th Floor San Diego,
CA 92101-3370 619/232-8151 FAX: 619/232-4665 Counsel for Defendants:
ODMARK DEVELOPMENT ASSOCIATES ODMARK & THELAN GREAT AMERICAN DEVELOPMENT
COMPANY CAMBRIDGE TERRACE, a general partnership ONTARIOVILLE HOLDING
COMPANY ODMARK DEVELOPMENT COMPANY William A. Nebeker, Esq. Michael
J. Kielty, Esq. MOWER, KOELLER, NEBEKER, CARLSON & HALUCK 225 Broadway,
21st Floor San Diego, |
| Individual Defendants |
A construction defect case. The HOA identified 18
separate areas of deficiencies in the construction of the Cambridge
Terrace project: Roofs; framing; area separation assemblies; bathrooms;
floors; stucco/exterior plaster; hardboard siding/wood trim; windows;
acoustical; stairways; site work/exterior elements; interior gypsum
board; garages; nonstructural framing; mechanical; electrical;
civil; seismic elements; and miscellaneous items. On the eve of
trial the developer/general contractor and the Association reached
a $6,500,000.00 settlement. |
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