Kevin Kennedy (Subcontractor): [“AS IS – WHERE IS” DEFENSE]

Kevin Kennedy is currently handling this matter which involves a 346 unit apartment complex known as Casoleil Apartments located in San Diego, California. The project consists of 17 buildings including apartment buildings and stand alone garages. Our firm represents Signs & Pinnick, the mass grader on the project. Counsel for Plaintiff is represented by Antonia LoCocco, Esq. of Epsten, Grinnell & Howell and Developer is represented by Timothy Earl of Sullivan, Hill, Lewin, Rez and Engel. The matter is venued in the San Diego Superior Court and the presiding Judge is the Honorable Luis R. Vargas.

Counsel for Plaintiff is alleging a variety of construction deficiencies including, what they refer to as a “major concern” which is the alleged soil subsidence at the project. There are significant issues in this case relating to the culpability of various cross-trades including the soils engineer, civil engineer, geogrids (installed a large geogrid wall), mass grader, fine grader, Developer and landscaper. The Developer engaged in value engineering and directed the mass grader to perform grading pursuant to the civil and geotechnical engineers recommendations which is apparently causing soils subsidence.

The significant issue in this case is Plaintiff’s performance of due diligence prior to purchasing the property wherein all of these issues alleged in this case were addressed by experts hired on behalf of Plaintiff prior to purchasing the property. Our firm filed a dispositive motion alleging that the Plaintiff knew of the deficiencies and pursuant to the purchase agreement bought the property “as is-where is.”