New Pacific Carlyle, LLC v. White Residential, Inc
This is a complicated construction defect case between a contractor who finished the foundation to an otherwise unfinished apartment complex in Irvine and a new owner who acquired the property several years later. When the new owner restarted the project with new contractors, it discovered flaws (or what were perceived as flaws) in that foundation. The new owner sued the old general contractor for those flaws, alleging negligence, breach of contract, breach of express warranty and breach of implied warranty. The flaws litigated before the court were (1) the misplacement of the electrical and plumbing conduits in the foundation, and (2) a perceived “waviness” in the foundation. The new owner won on the misplacement of the conduits but lost on waviness, so we now have before us both an appeal and a cross-appeal.
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