Bremer Whyte Brown & O’Meara, LLP is excited to share that Newport Beach attorneys John Toohey and Sammy Daboussi obtained a complete defense verdict after years-long litigation in favor of their concrete contractor client.
This lawsuit arises from a claim made by Plaintiff for construction defects in a high-end single-family home. Our client was hired to perform concrete work on the foundations of the home. It was alleged that the home’s foundation was incorrectly built. It was further alleged that the construction defects/errors led to delays and substantial expenses. We argued that our client relied on the certifications provided to them by design professionals and the City. We further argued that our client, like any reasonable concrete/foundation subcontractor, has no responsibility or obligation, contractual or otherwise, to review and recheck the work completed by a licensed professional.
In addition, we argued Plaintiff was precluded from recovering damages in negligence for construction defects that have not yet caused personal injury or property damage (i.e., damage to another construction component part). Plaintiff may not recover the cost of repair of, or the diminished value attributable to, proven construction defects that have not caused property damage. (emphasis added) Aas v. Superior Court (2000) 24 Cal.4th 627.
The Arbitrator agreed with all of our arguments and found our client not negligent in any manner for his work. The arbitrator also found that the Plaintiff was not damaged pursuant to Aas. Our client prevailed on all issues and received a complete defense verdict.