Construction Defects Cases

Thorsnes Bartolotta McGuire pioneered construction defect litigation in San Diego County and across Southern California. We have won major victories in San Diego, Orange, Los Angeles and Riverside Counties.

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Our trial work on behalf of homeowners has earned us numerous awards and accolades.

Our construction defect team is experienced in landslides, wildfires, shoddy construction, expansive and corrosive soils, storm drain and water runoff damage, roofing, plumbing, leaking window issues and stachybotrys toxic mold damage.

Below are our more interesting cases. If you cannot find a case similar to yours, please call us as this list only represents a few of the construction defect cases we have handled.

La Jolla Alta Master Council v. City of San Diego

This complex case handled by partner Mickey McGuire was an inverse condemnation action with elements of land subsidence involving an improperly maintained storm drain system in a La Jolla Canyon that threatened the homeowners living in on and in the area of Alta La Jolla Drive. In a La Jolla neighborhood near Soledad Mountain Road, the City of San Diego created and operated a storm drainage system that incorporated property owned by Plaintiff. The operation of this storm drainage system by the City over several years created a massive ravine across Plaintiff’s property, threatening citizens, homes, and Alta La Jolla Drive, a public road. The homeowners brought an inverse condemnation action against the City to force repairs and prevent a landslide. After the verdict a settlement of $4,500,000.00 plus over $5,000,000.00 in repairs was reached for damage caused by the operation of its storm drain system.

Oasis Palm Desert HOA v. Covington Technologies

Construction defects involving leaking roofs and windows, stucco problems and various other defects. Action against developers was based on strict liability, breach of warranty and negligence. Settlements totaling $15,688,665.00

Albert J. Reed, et al. v. Davidson, et al

This was an action for damages arising out of the defective construction of 42 homes in Del Mar, California. The homes were individually owned and the issues involved related to the separate interests of the homeowners. Initially the plaintiffs complained that the windows were defectively installed and manufactured. Additionally, the developer and general contractor defectively constructed the retaining walls, the roofs did not conform to industry standards or manufacturers recommendations, exterior garden walls were defectively constructed, hot water plumbing lines were corroding beneath the slabs as evidenced by several pipe ruptures and other miscellaneous defects involving the doors delaminating, attics, floors uneven and squeaking. The case settled for $3,493,600.00. This case resulted in an Outstanding Trial Lawyer Award for Mr. McGuire.

Cambridge Terrace HOA v. Odmark Thelan et al

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.

La Jolla Village Homeowners Association v. Donald Bren et al

$22,400,000.00 Jury Verdict and Confidential Pre-trial Settlement Client: LA JOLLA VILLAGE HOMEOWNERS ASSOCIATION Construction defect suit involving roofs, drainage, land subsidence, slope failure, and structural defects in 419 unit condominium project. Jury found defendant defrauded Association, thus preventing the application of statute of limitations defenses which would have barred recovery of most of the units.

Mount La Jolla Village HOA v. Baxter et el

$18,000,000.00 settlement against developer and subcontractors for damages to a 234 unit condominium project resulting from improperly filled land, poor drainage and inadequate maintenance funding.

Pacific Panorama HOA v. Allen et al

$1,800,000 Jury Verdict against the developers and builders of a 19 unit condominium project. The jury returned a verdict on the issues of fraud, negligence, breach of warranty and fiduciary duty, and strict liability.

Century Woods HOA v. Crossman et al

$7,500,000.00 Settlement of a 60 unit condominium case in Century city. suit alleged structural design defects which would cause more damage to buildings in the event of earthquake. Suit settled for full repairs 30 days after Northridge, CA earthquake on the first day of trial. Confidential settlement exceeding $1,000,000.00.

Thomas Hitzel et al v. City of Laguna Beach et al

Confidential settlement exceeding $1,000,000.00 Suit for personal injuries and destruction of real property arising from a landslide which destroyed one home. The Hitzel family were sleeping in their home when it began to slide and had to jump from a window in order to escape with their lives. The principal settlement involved the soils engineers who missed the existence of an ancient landslide during evaluation of the lot prior to construction.

Brown/Songsteen v. Cameron Bros. et al

A $5,700,000.00 settlement on behalf of 56 homeowners who suffered damages as a result of landslides, subsidence and expansive soils.

Harvey v. Christiana Community Builders et al

$9,000,000.00 settlement and buyback in Tierrasanta involving homes that suffered damages as a result of fill subsidence and expansive soils. The settlement included payment of money or buying back of homes in excess of undamaged market value.

Baldwin et al v. Carlton Santee Corp. et al

$12,000,000.00 jury verdict and settlement for two against developers for constructing a 110 unit single-family development at the toe of a large, ancient landslide. This case involved 150 individual clients. The jury in the first case found the developer acted in conscious disregard of the plaintiffs’ rights and awarded over $3,000,000.00 in punitive damages. Mr. McGuire was honored with an Outstanding Trial Lawyer Award and Trial Lawyer of the Year Award for this case.

Arce v. Carlton Santee Corp et al

An $8,000,000.00 settlement for a construction defect case resulting from landslides and land subsidence. This was a followup to Baldwin v. Santee and involved 60 plaintiffs.

Jodie and Mark Kirst et al v. Riderwood Village

Personal injury and property damage claim involving family of four whose exposure to mold and bacteria damaged their immune systems. Actual damages less than $25,000.00 but a confidential settlement was reached exceeding $1,000,000.00.

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