Plaintiffs sued a national homebuilder for construction defects in Clark County District Court.
The lawsuit involved numerous allegations of defective construction with the primary claim being that expansive soils caused movement of the homes that required repairs of nearly $150,000 per home. Well before trial, Defendant issued a $28,000 Offer of Judgment to each homeowner. Trial attorneys Adam Springel and Jennifer Fornetti admitted liability as to a number of minor issues, but contested the soils claims.
After a month-long jury trial, the jury unanimously rendered verdicts for Plaintiffs of $3,793.20 and $10,586.25, amounts less than the damages conceded by Defendant during trial. Plaintiffs next sought in excess of $1.5 million in statutory attorney’s fees, expert fees, costs and interest after receiving the verdict. Defendant responded that even after adding recoverable pre-Offer attorney’s fees, expert fees, costs and interest that Defendant beat both Offers of Judgment. After extensive post-trial motions and hearings, the Court agreed that Defendant beat the Offers. The case remains pending as to any fees and costs to be awarded to Defendant for beating the Offers. To learn more about this case, or the strategies successfully implemented, please contact Adam Springel or Jennifer Fornetti.