Case Studies

Construction & Construction Defect

  • Arbitrated construction defect claim and counterclaim for non-payment of fees on home remodel project.
  • Mediated construction payment dispute regarding unfinished wiring installation relating to building security and fire alarm systems in a school construction project.
  • Mediated construction contract dispute involving home renovation with major foundation issues leading to contractor termination and conclusion of work by replacement contractor, with allegations of increased costs and lack of proper license and onsite supervision by the initial contractor.
  • Mediated construction contract dispute involving terminated contract for installation of solar roof on industrial facility, and disputes regarding compensable labor and materials termination charges incurred by construction company.
  • Mediated matter where woodwork subcontractor walked off a multi-unit apartment complex renovation when general contractor fell behind in payments. Subcontractor sought payment for work performed. General compactor sought damages for replacement contractor work and delay damages.
  • Mediated matter involving landscaping contractor dispute with homeowner over whether the landscaper terminated the contract on the eve of performance, triggering termination clause in the contract, requiring the hiring of a substitute contractor at a much higher price, leading to damage claim.
  • Mediated contract action by plumbing contractor for unpaid amounts on plumbing work. General contractor alleged that plumber agreed to do the plumbing work for a fixed price and billed for a substantially larger amount and did not complete the plumbing work, for work homeowner hired a replacement contractor two finish the work and required the general contractor to pay for it.
  • Mediated matter where on the advice of a neighbor, plaintiff homeowner hired a handyman to do interior and exterior renovation work. When the handyman suggested that some projects required a licensed contractor and permit, the homeowner told the handyman to proceed with the work. The handyman purchased all materials for cash and was paid on the basis of receipts provided. When the work was complete, the homeowner claimed that all material and labor costs had to be refunded because the handyman did not have a contractor license.
  • Mediated construction contract litigation in which a subcontractor walked off a multi-unit apartment complex renovation when general contractor fell behind in payments. Subcontractor sought payment for work performed while general sought damages for replacement subcontractor work and delay damages.
  • Mediated a construction litigation dispute resulting from a front-loaded contract, and abandonment by contractor, requiring replacement subcontractors and defective work.
  • Mediated construction defect case involving custom wood flooring throughout home which developed cracking and buckling after allegedly defective installation.
  • Mediated construction defect and consumer fraud case involving demolition and reconstruction of residence, with claims that work was performed by an unlicensed contractor, violations of Consumer Legal Remedies Act and Business and Professions Code ยง17200.
  • Mediated construction defect case where general contractor ordered concrete for retaining wall with a specification of 4000 PSI which failed the specification when delivered, and the wall had to be extensively repaired
  • Mediated breach of contract, bad faith and punitive damages claim brought by homeowners against their insurance company arising from alleged underpayment for repairs, replacement of clothing and furniture and alternative living expenses arising from water damage.
  • Mediated construction defect case involving a 137 unit condo complex in Milpitas; the driving issue was related to excessive humidity inside the units, allegedly caused by re-flashed windows, an elastomeric paint applied to exterior stucco, and window product failures, and the necessity for repairs and replacement work in excess of $10,000,000.
  • Mediated construction defect claim arising from alleged breach of contract and negligence in the installation of a home electronic automation and control system in a large estate.
  • Mediated breach of contract claim on retail business renovation, forcing work to be re-done and causing losses due to missed opening while rent was accruing.

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