SAN DIEGO -- Plaintiffs in a major
construction lawsuit that ended with a San Diego law firm recovering nearly $5
million have decided to stay silent after the ruling was in their favor.
The law firm, which
represented Laurel Bay Community Association, won $4.7 million in the case that
was filed Aug. 21, 2013, against the developer and converter, Hammer
Development LLC and Hammer Laurel Condominiums LLC. The suit was also a
complaint against the original contractors, Simpson Laurel Bay LP, SHLP Laurel Bay LLC and GWC Contractors LP. The development was slated to be a new
apartment complex in 2004 before it was turned into a set of residential
condominiums in 2005.
Company is listed as one of the primary plaintiffs in the high-profile case. It refused to speak on the $4.7 million ruling.
“We do not comment on
litigation matters,” Susan Gerber, manager of public relations for Commercial
Metals Company, told the Northern California Record.
Suspicions of construction issues began after a water disturbance was spotted in the building’s
multilevel parking garage and went through the cracks on the wall and damaged areas where the wall and floor intersected, according to a news release from The Naumann Law Firm. This was only the beginning of water troubles
as more leaks were then found on each level of the parking garage.
The ruling was a win for The Naumann Law Firm after investigations and testing found
that the water damage was due to a failure to properly waterproof at podium-level planters. There was a connection between the leaks and where the planters
William H. Naumann and
Loren K. Shiu were the attorneys on the case. Co-counsel David M. Peters also
took part as the lawyers proved why the developer and convertors were at fault for the water damage because of defective planters and the water
intrusion problems. The defendants denied any responsibility and, instead, blamed
the association for not keeping up and maintaining the property as the reason
for the damages.
Ronald Styn ruled in favor of Laurel Bay Community Association in San Diego
Superior Court. Robert E. May also served as the discovery referee and James
Roberts was the mediator, according to information provided by The Naumann Law
Firm. Attorneys could not be reached for comment.
AO Reed Company, CMC Rebar’s, Fibrwrap Construction,
and Fontana Steel were the other plaintiffs in the case along with Gabbard
Hardware Co, JD2 Inc., Lavalley Corp, Modern Masonry, Paul Hansen Inc,
Streamline Electric & Highmark Construction, Whillock Contracting Inc., Wirtz
Tile & Stone Inc, Does 1 to 500, and Zurich American Insurance Company
according to case
Other defendants were AO Reed & Co., AV
Builder Corp, Great Western Housing, GWC Contractors LP, Hammer Lauren Condominums
LLC, LM Waterproofing Inc., LOHSE, LOHSE 2 LLC, Roel Construction Co. Inc.,
SHLP Lauren Bay LLC and Simpson Laurel Bay LP.