Construction Cases handled by Robert M. Freedman of Tharpe & Howell

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1 Construction Cases handled by Robert M. Freedman of Tharpe & Howell Northridge Meadows - Lead defense counsel for builder of 200 unit apartment complex in 57 consolidated lawsuits, including 17 wrongful death actions, resulting from structural collapse during the 1994 Northridge earthquake. Claims exceeded $50,000, Settlement reached within one year of filing with no collateral litigation. Plaintiffs Attorney: Joel Castro. Settlement Judge: Judge William McFarlene. Shorecliffs Landslide Litigation - Defended Homeowners Association in $30,000, landslide case involving red tagged single family homes arising from defective geotechnical engineering. Architected global settlement, with limited insurance funding, that led to reconstruction of canyon and red tagged homes. Mediator: Ross Hart, Judge: Jon Canon. Century Park Place - Defended framer of 200 unit luxury condominium project against $18,000, in claims. Plaintiffs Attorney: Bruce Mayfield. Mediator: Merv Thompson. Canyon Willow HOA v. Torino Construction, et al. - Defended framer of a 750 unit condominium project against $68,000, in claims, including $10,000, in claims related to framing. Plaintiffs Attorney: Vannah, Costello, Canepa. Developer Attorney: Lorber Penguilly. Mediator: Bruce Edwards. Regency Park - Defended developer of a 200 unit single family home project against $10,000, in engineering and architectural claims by Homeowner Association. Mediator: Bruce Edwards. Carreon Villas - Defended owner of a 256 unit apartment complex against $10,000, in claims. Plaintiff s attorney: Ken Kasden. Mediator: George Calkins. Sr. Citizens Housing Authority of Los Angeles v. The Walton Associated Companies. Represented general contractor in public works senior citizens housing project against claim for $8,000, in repairs. Achieved advantageous global settlement for $700,000.00, which was fully funded by the subcontractors, in 90 days with no discovery. Judge Carl West, Central Civil West. Mediator George Calkins. Spencer Estates - Defended developer of 58 unit luxury condominium project against claims by Homeowner Association related to geotechnical, structural, architectural, and civil engineering that were in excess of $7,000, Plaintiffs Attorney: Bryan Snyder of Duke, Gerstel. Mediator: John Griffiths. Sherman Court - Defended general contractor of 150 unit condominium project against $7,000, in claims by Homeowner Association related to structural, architectural and apportionment of earthquake damages. Plaintiffs Attorney: Duke Gerstel. Mediator: George Calkins.

2 Simi Valley Le Parc- Defended framer in six-month trial against 200 condominium owners alleging $6,000, in construction claims. Plaintiffs Attorney: Bruce Mayfield. Mediator: George Calkins. City & County of San Francisco v. Competent Builders - Defended general contractor against $5,000, in claims related to public works project and performance bonds in historic Japantown and Portsmouth Square areas of San Francisco. Mediator: George Calkins. Christopherson Homes v. Shook & Waller - Defended developer of 301 single family homes against homeowners claims of damages due to defects in nails and siding. Facilitated repairs to avoid litigation and prosecuted $2,000, in indemnity actions. Mediator: Judge Trembath and John Margolis. Canyon Williow Tropicana Homeowners Association v. Torino - Represented framer of a 450 unit condominium project against claims of construction deficiencies. Mediator: Bruce Edwards. Plaintiffs Attorney: Bruce Mayfield. Trial Judge: Allen Earl. Walt Disney Resort - The Boardwalk Hotel v. Bovis Engineering - Represented waterproofing contractor in action arising out of construction of 450 room resort hotel complex. University of Southern Illinois v. Kane Construction - Represented insurer in contribution action arising out of mold and related damages. Judge: George Buddy Moran. Sonora Heights v. Pinnacle Communities - Represented developer in binding arbitration against claims by thirty homeowners pursuant to SB800. Plaintiff s Counsel: Ken Kasden, Arbitrator: Judge Jon Cannon. Guadalupe HOA - Defended developer of a condominium project at trial against property damage claims by neighboring condominium project. Allegations were that improper excavation caused significant damage to neighboring condominium project. Plaintiff s Cost of Repair: $1,000, Obtained a jury verdict for a total of $49, on admitted liability. California Code of Civil Procedure section 998 offer led to recovery of attorney s fees. Plaintiffs Attorney: Robert Baker. No mediator. Cal Trans. Earthquake Retrofit (Valentine Construction) - Defended at arbitration general engineering contractor in San Rafael, California against damage claims in excess of $1,000, related to multimillion dollar freeway earthquake retrofitting project. DeerCreek Estates (Heritage Development) - Defended developer of 28 Unit condominium projects in Sonoma, California against claims related to general construction deficiencies including architectural, structural, civil and siding. Plaintiffs Cost of Repair: $1,400, Plaintiffs Attorney: Angius and Terry. Mediator: Bart Weitzenberg.

3 Piper Place Estates (Heritage Development) - Defended developer of 18 Unit condominium project in Healdsberg, California against claims related to flooding caused by defective drainage system. Plaintiffs Cost of Repair: $200, Plaintiffs Attorney: Russel Rowen. 17 th Street Condominium Association - Defended general contractor of eight unit condominium project in San Francisco against allegations of serious water intrusion and structural defects. Plaintiffs Cost of Repair: $350, Mediator: William Nagle. Trinity Woods (Matrix Land and Development) - Defended developer of 124 unit condominium project in Sacramento against allegations of general construction deficiencies, including geotechnical, siding, civil engineering and foundation defects. Plaintiffs Cost of Repair: $2,300, Plaintiff s Attorney: Angius and Terry. Mediator: Bruce Edwards. Chalet Woods (Barclay Construction) - Defended general contractor of 28 unit condominium project in Campbell, California, against allegations by Homeowner Association of construction deficiencies including siding, civil, structural, architectural, and mechanical. Plaintiffs Cost of Repair: $2,500, Plaintiffs Attorney: Ann Rankin. Mediator: William Nagle. Ashford Place (Joe Cassidy Construction) - Defended general contractor and developer of condominium project in the Marina area of San Francisco against Homeowner Association allegations of general construction deficiencies including water intrusion, roofing, windows, architectural and structural. Plaintiff s Cost of Repair: $1,500, Plaintiffs Attorney: Angius and Terry. Mediator: Tom Castle. Bel Air Crest (Crosetti & Kellum) - Defended in binding arbitration general contractor of luxury homes in Bel Air, California against allegations of earthquake damages caused by structural and geotechnical construction deficiencies. Plaintiffs Cost of Repair: $250, Calabasas Estates (Saddletree Development) - Defended developer of luxury homes in Calabasas against allegations of construction deficiencies and geotechnical defects. Cost of Repair: $300, Plaintiffs Attorney: Alan Carnegie. Mediator: Ross Hart. Creekview Apartments (Monterey Insurance and Truck Insurance) - Represented two insurers in prosecution of subrogation claims against a general contractor who built 250 Unit apartment complex in El Sorbante, for damages resulting from tenant class actions due to defective construction. Total damages exceeded $2,500, Defense Attorney: Ryan and Lifter. Mediator: John Griffiths. Stevenson Ranch (Prudential Insurance) - Represented insurer in prosecuting subrogation claim against developer of single family homes located in Stevenson Ranch for damages arising from earthquake benefits paid to insured that were caused by defective construction, primarily geotechnical defects. Total damages exceeded $1,000, Defense Attorney: Mower, Koeller, Nebeker and Clark. Mediator: Merv Thompson.

4 Monterey Park (Alvan Construction) - Defended at trial developer of 18 unit condominium project against Homeowner Association allegations of construction deficiencies. Obtained defense verdicts at trial. Plaintiffs Cost of Repair: $1,300, Corona Vista Construction - Defended developer and general contractor of 18 unit luxury West Los Angeles condominium project against Homeowner Association claims of construction deficiencies. Plaintiffs cost of repair: $1,800, million. Mediator: Ross Hart. Villa Aspara - Defended developer of 65 unit condominium complex in San Diego against claims of defective construction and personal injury claims due to mold. Plaintiffs Cost of Repair: $4,000, Plaintiffs Attorney: Duke Gerstel. Mediator: Merv Thompson. Beresford Estates (JRL Development) - Defended developer of 24 single family homes in Fairfield, California against claims of defective construction and personal injury claims due to mold. Plaintiffs Cost of Repair: $2,500, Mediator: Jack Swartzman. Meenaghan Construction - Defended developer of eight unit condominium project in San Francisco against Homeowner Association claims of construction defects. Plaintiffs Cost of Repair: $300, Obtained dismissal based on prior release Cahuenga HOA (Lee Bolin) - Defended framer of 30 unit luxury condominium project in Toluca Lake, California, against homeowner and developer claims of defective construction causing alleged massive earthquake damage. Plaintiffs Cost or Repair: $4,500, Plaintiffs Attorney: Joel Castro. Mediator: George Calkins. Villagio Rancho San Clemente (Lee Bolin) - Defended framer, tiler and landscaper of 80 single family homes in San Clemente against homeowner and developer claims of defective construction. Plaintiffs cost of Repair: $3,500, Plaintiffs Attorney: Duke Gerstel. Mediator: Merv Thompson. Greenwood Park HOA (Matheson Construction) - Defending developer of 10 unit town home project near Sacramento, California. Primarily allegations related to general structural, architectural, and siding installation. Plaintiffs Cost of Repair: $1,500, Plaintiffs Attorney: Berding and Weil. Mediator: Judge Lewis. Edgewater HOA (Novato Project) - Defended developer of 40 unit condominium project in Novato, California. Primary allegations are fire safety, structural, mechanical and architectural. Plaintiffs Cost of Repair: $1,300, Plaintiffs Attorney: Bart Weitzenberg. Mediator: Ken Gack. Fergosi Paint Factory Fire (Prudential) - Prosecuted subrogation action on behalf of major insurance company against a paint factory in San Francisco, which burned down almost one city block. Damages sought: $1,100,000.00, obtaining 80% recovery.

5 Clementina HOA (Cassidy Construction) - Defended developer of 13 unit condominium project located in San Francisco against claims related to water intrusion from decks and roofs. Plaintiffs cost of Repair: $375, Mediator: Tom Castle. 350 Norton HOA (Kozar Construction) - Defended general contractor in 18 unit condominium project located in Los Angeles against claims related to water intrusion and construction defects. Plaintiffs Cost of Repair: $1,300, Plaintiffs Attorney: Levin and Snyder. Mediator: Ross Hart. Elmwood I, II, & III (Kozar Construction) - Defended general contractor in 13 unit condominium project located in Los Angeles against claims related to water intrusion and construction defects. Plaintiff s Cost of Repair: $1,300, Plaintiffs Attorney: Levin and Snyder. Mediator: Ross Hart. The Rexford (Kozar Construction) - Defended general contractor in 14 unit condominium project located in Los Angeles against claims related to water intrusion and construction defects. Plaintiffs Cost of Repair: $1,300, Plaintiffs Attorney: Levin & Sneider. Mediator: Gerald Kurland. Schryer/Thompson Construction - Defended General Engineering Contractor against claims by commercial property owner of construction defects and delays. Total damage claimed was $1,400, Plaintiffs Attorney: Jack Provine. Mediator: Tom Castle. Venetian Lakeshore - Defended developer of 57 unit condominium project located in Stockton, California against claims for construction defects. Plaintiffs Cost of Repair: $2,700, Plaintiffs Attorney: Angius and Terry. Mediator: George McClintok. Simpson v Security Owners Corporation - Defended at trial developer of homes in Modesto California against homeowners claims for defects and personal injuries for mold exposure. Plaintiffs claiming damages in excess of $1,500, Settled for under $50, at trial. Plaintiffs Attorney: Tom Anderson. Mediator: Tom Castle. Celebrate Homes - Represent developer of 28 high-end condominiums in San Diego. Responsible for all transactional work including insurance coverage, construction inspections, builder s agreements, sales agreements, and implementation of SB-800 provisions. Dekhtyar v. Bykov - Represent general contractor in contract dispute arising from a joint venture related to the development of four homes in Studio City. Claims include breach of contract and construction defects. Mediator: George Calkins. Wilshire Plaza v. Kozar - Represent developer and builder of 28 unit luxury condominium in Los Angeles for claims related to defective construction and mis-management. Damages asserted were in excess of $2,000,

6 Greystone v. CalFarm - Represented insurance company in lawsuit arising out of claims that insurer failed to honor additional insured obligations arising out of underlying construction defect lawsuit. Obtained nuisance settlement. Mediator: Ross Hart. Seaver v. Cohen - Represent investors in binding arbitration with respect to claims arising out of investments of fractional interest rights to trust deeds secured by real property over a 20 year period. Bryant v. Coliseo - Defended at trial off-site owner of 132 unit apartment complex against claims of construction defects, sexual harassment, retaliation, discrimination and mold. Judge Minning of Los Angeles Superior Court. Riviera at Silvercreek v. Shea Homes - Defended waterproofing subcontractor for claims arising out of allegedly leaking decks in 280 units in San Jose, California. Mediator: John Margolis. Trial Judge: Judge Komar. Trial Judge: Allen Earl.: Whyte and MacDonald. Cupertino Apartments v. Trident - Defended lightweight concrete subcontractor against water intrusion claims arising out of construction of 180 unit apartment building in San Jose, California. Plaintiffs Attorney: Elliot and Elliot. Mediator: Anne Lawler Goyette. Trial Judge: Judge Komar. King v. City of Westlake - Represented homeowners in claim against City and Homeowners Association for claims arising out of improper granting of variance for construction. Escalante v. Addington - Represented in binding arbitration developer in indemnity action against subcontractors. Mediator: George Calkins. Confidential - Represented admitted insurer in recovery action against two national insurers, defense law firm, and geotechnical engineering firm. Ralph Williams Mediator. South Shores at Lake Las Vegas v. South Shores L.P. - Represented framer in Nevada construction defect case involving twenty luxury condominiums. Judge Earl. Plaintiffs counsel is John Terry. AIG v. California Energy Design, Inc. - Represent mechanical engineer in design professional construction subrogation matter. M&P Consulting Engineers, Inc. - Represented mechanical engineer in dispute with general contractor and developer. Lockwood Environmental Injury Litigation - Represented owner of numerous apartments in personal injury lawsuit filed by family involving claims of lead, mold, and asbestos exposure. Los Angeles Superior Court. I:\PBauman\Marketing Database - Materials\RMF Sample Construction Cases.wpd

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