David N. Bregman Wins $1 Million Award For Faulty Waterproofing

Klinedinst attorney David N. Bregman recently argued a contentious construction case to trial, and earned his client a substantial award against a negligent sub-contractor.

The case involved a large general contractor who was responsible for the construction of a 338 unit condominium project. The general contractor was being sued, and trial for the underlying action began in January, 2005. After three days of pre-trial hearings, a settlement was made between the Plaintiff, the general contracting company, and most of the sub-contractors.

After settling the underlying action, the general contractor continued to pursue the waterproofing sub-contractor for indemnity. The general contractor continued the legal fight against the waterproofing subcontractor to recover money paid in settlement of the underlying case as a result of specific failures of the waterproofing membrane used on the condo project's second-level balconies and entry decks.

Mr. Bregman argued during trial that a large portion of the general contractor's liability was a direct result of the failure of the sub-contractor's product. The trial on the indemnity action lasted seven days, and then went to the jury. The jury deliberated a short time, and returned a verdict in favor of the general contractor, awarding over $1 million in damages, with fees and costs to also be awarded.

Klinedinst congratulates David Bregman for his superior representation and hard work during this contentious case.

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