Judge, Orange County Superior Court (Ret.)

Hon. MARY FINGAL SCHULTE

CONSTRUCTION

Representative Cases


TYPES OF CONSTRUCTION CASES HANDLED:

  • Jobsite accidents
  • Indemnity agreements, active/passive negligence claims, insurance coverage
  • General contractors
  • Disgorgement
  • Licensing violations (Business and Professions Code section 7031)
  • Home Improvement contracts: claims for breaches of oral or written contract, negligence, warranties,
  • Recovery on Contractor’s State License and Disciplinary bonds


REPRESENTATIVE CASES:

  • Plaintiff had a written subcontract with defendant on a commercial project.  Plaintiff claimed it was not paid for work performed.  Defendant, general contractor, claimed plaintiff not only was paid for work performed but that defendant incurred extra costs for which it was not reimbursed and that defendant (Lathing Company) breached the subcontract by failing to perform timely.  The matter settled a month after mediation.

  • Negligent repair of a water leak causing release of asbestos into home.  Family of 6 had to re-locate for almost a year.  Nearly everything in the home was declared a total loss.  They alleged failure to test for asbestos and failure to properly seal off contaminated area.  Separate subrogation action by homeowner’s insurer settled as well.

  • Plaintiff alleged it was hired to perform certain renovations on Defendants’ home; however, Defendants breached the Agreement by refusing to pay for the services rendered and preventing Plaintiff from completing the project.