cases

Construction - Case 2

We represented the defendant in this construction dispute case. Our client, a concrete contractor, was sued by a custom homebuilder for allegedly poor workmanship in the installation of colored concrete patios on an $850,000 custom home in Scottsdale, Arizona. The amount in controversy, including fees and costs, was approximately $80,000. The plaintiff claimed that the concrete installed by our client was defective because it had numerous color variations that were unacceptable to the homeowners. The homebuilder was seeking reimbursement for the money that it had paid to the homeowners allegedly to replace that concrete. Our client defended on the basis that a prior contractor (who had been terminated by the homebuilder) had done a substantial amount of the work on the patios in question, and that it was the prior contractor's work that was defective. Our client also contended that the money paid by the builder to the homeowners was actually for other, non-related construction defects. The case was tried to a jury in Superior Court. After a 3-day trial, the jury returned a verdict in favor of our client.