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The Project was a remodel of an existing multi-story residence located on a hillside in Beverly Hills, California. The Plaintiffs are the owners of the residence, the Defendant are the Design-Build General Contractors engaged by Plaintiffs to perform various design and remodelling to the hillside property. The Home Improvement Agreement and its amendments (i.e. 2 change orders) were drafted by Defendants.

Construction work began prior to execution of the Contract. During construction, the Owner left the country to attend to an ailing relative. Plaintiff had a friend oversee the Construction progress. During the placement of a new concrete driveway, the Contractor encountered differing site conditions, alleged owner changes and unanticipated (hot) weather conditions such that the concrete delivery and installation were compromised. In addition to the driveway, other problems were encountered on the remodel project.

Plaintiffs alleged the Contractor mishandled the concrete pour, that should have taken 30 minutes to complete (as opposed to over 2 hours). Plaintiffs also alleged defects in the support framing of the concrete driveway. Additionally, Plaintiffs alleged defective and incomplete work in the remodel project.

Defendants asserted that the General Contractor was given different orders by the Owner and her friend that took over the construction oversight. Defendants alleged that the materials and scope were changed many times by the Owner and her friend such that the scope of project was in a constant state of flux. Defendants contended that Owners interference during the project led to incomplete work - and Defendant was not given the opportunity to complete the project and/or repair the alleged minor defects. Defendant agreed to make repairs under the condition of a new Completion Contract.

Defendant Contractor performed the following construction:

  • Electrical
  • Concrete Flatwork
  • Gutter / Downspout System
  • Grading
  • Framing
  • Staircase
  • Fireplace
  • Painting
  • Roofing
  • Fencing
  • Cabinetry
  • Wood Flooring
  • Doors & Windows
  • Exterior Plaster
  • WEXCO's Construction Disputes and Defects Team served as the Construction Expert, and was tasked to determine the following:

    • Roles and Responsibilities of the Parties
    • Prosecution of the Project as to: General Contracting Practices and Project Management
    • Change Order Process
    • Alleged Defects v Construction Tolerances
    • Scope and Cost of Repairs relative to alleged defects
    • Analysis based on: Industry Standard Practices and Industry Standard Cost information, applicable Building Codes and WEXCO's Site Inspection and review of Project Records.

    The above referenced incident occurred in Beverly Hills, California, and was analyzed and inspected by our Marina del Rey office Engineering staff.

    WEXCO has over 20 years experience successfully serving the legal industry. Our highly trained staff have investigated over 10,000 cases, delivered over 2,000 depositions and provided testimony in over 600 trials.

    WEXCO has offices in California and Texas, but has been called upon to testify in cases throughout the country.

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    Dr. Stephen C. Wexler: 40 years experience in construction, construction management, safety and related. Unusual combination of safety engineering and construction and civil engineering permits separate areas within construction, safety, and premises liability. 6 years Instructor at UCLA Evening Extension in Engineering & Construction Management, and 4 years US Navy Seabees Instructor for Construction Management - Port Hueneme, CA and Gulfport, Mississippi.

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