Hon. John M. True, III

Judge of the Alameda County Superior Court, Retired

Construction Defect

Area of Expertise: Construction Defect (PDF format)

  • Handled a case involving the application of industrial paint to the interior of a Newark, California, multi-use community center. When the paint failed, the City sued the general contractor who in turn sued subcontractors who then sued the general and each other. There were complicated issues of liability for the failed paint, insurance coverage at various levels and times, indemnification and comparative fault. Various parties settled out, and the jury reached a verdict and apportioned damages among the non-settling defendants.
  • Dispute involving significant defects in the construction of a private dwelling. The general contractor, subcontractors and the building’s previous owners were involved. Settlements were reached with some of the parties and the plaintiffs; other claims were tried and resolved.
  • Handled a group of consolidated cases involving alleged construction defects in a large Emeryville, California, condominium property. The proceedings involved condominium owners, the project developer, lenders and insurers. All of the claims were settled in the course of over a year and with extensive motion practice.