Motion for Leave to File a Cross-Complaint in BANKERS STANDARD INSURANCE COMPANY vs. TT LEE CORPORATION, et al| Trellis.Law

On September 20, 2017 a Complaint,Petition was filed involving a dispute between Bankers Standard Insurance Company, Chesler Construction, Inc., Scigliano, Gisela, Townsend, Jeff R, Tt Lee Corporation, A California Corporation, and Does 1 Through 100, Inclusive, Onsite Custom Homes, Townsend, Jeff R, Tt Lee Corporation, for (23) Unlimited Other PI/PD/WD in the District Court of San Mateo County.

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ORIGINAL
Michael B. Allen, Esq., SBN. 81550
Grant H. Baker, Esq., SBN. 237276
Assaad M. Stephan, Esq., SBN. 246183
FILE B
MICHAEL B. ALLEN LAW GROUP, INC. SAN MATEO CGUNTY
‘
66 Bovet Road, Suite 250 ,
San Mateo, California 94402
Telephone: (650) 347-5000
Facsimile: (650) 340-6350
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Attorney for Cross—Defendant/Cross-Complainant
GISELA SCIGLIANO

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
UNLIMITED JURISDICTION
BANKERS STANDARD INSURANCE Case No. 17CIVO4316
COMPANY, .

Plaintiff, CROSS-COMPLAINT FOR:
v.
(1) NEGLIGENCE;
(2) BREACH OF CONTRACT
w
TT LEE CORPORATION, 21 California .<
corporation; JEFF R. TOWNSEND, an (TOWNSEND);
individual; ONSITE CUSTOM HOMES, a (3) BREACH OF EXPRESS TI
California business; and DOES 1 through 100, WARRANTY(TOWNSEND);
(4) BREACH OF CONTRACT (TT
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Defendant. LEE).

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GISELA SCIGLIANO, an ind1v1dual,
.
Cross-Complainant,
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WW, WT,
CUSTOM HOMES, an individual; TT LEE
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CORPORATION, a California corporation;
and MOES 1 through 50, inclusive,

Cross-Defendants.

Cross-Complainant GISELA SCIGLIANO hereby alleges as follows:

GENERAL ALLEGATIONS
1. Cross-Complainant GISELA SCIGLIANO (hereinafter “MS. SCIGLIANO” or

“Cross-Complainant”) is an individual currently residing in the Town of Hillsborough.

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CROSS-COMPLAIN T Case No. 18CIV01 179
However, MS. SCIGLIANO is the present owner of certain real property which is the subject of

the underlying action located at 450 Las Pulgas Drive, Woodside, California 94062 (hereinafter

“Property”).

2. MS. SCIGLIANO is informed, believes and thereon alleges that cross—defendant

JEFF R. TOWNSEND (hereinafter “MR. TOWNSEND”) at all times mentioned herein was, and
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is, an individual doing business as Onsite Custom Homes and is qualiﬁed to do business in the

State of California, County of San Mateo.
3. MS. SCIGLIANO is informed, believes and thereon alleges that cross-defendant

TT LEE CORPORATION (hereinafter “TT LEE”) at all times mentioned herein was, and is a

California corporation doing business in the State of California, County of San Mateo.

4. MS. SCIGLIANO does not know the true names or identities of the defendants

named herein as MOES 1 through 50, and therefore, sues said defendants by such ﬁctitious

names. Cross-Complainant prays for leave to amend her cross—complaint to allege their true

names and identities, whenever the facts are ascertained and such true names and identities

become known. MS. SCIGLIANO is further informed, believes and thereon allege that each of

the ﬁctitiously-named Cross-Defendants are responsible in some manner for the events and
happenings alleged herein, and MS. SCIGLIANO’s damages are hereinafter alleged were

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proximately caused by said Cross-Defendants’ acts or omissions. All references in this Cross-

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Complaint to “Cross-Defendants” or any of them shall include said ﬁctitiously-named Cross-

Defendants, unless speciﬁcally stated to the contrary. -

5. At all times mentioned herein, said ﬁctitious defendants were the servants, agents

and employees of the defendants named herein and in the doing of the acts and omissions as
hereinafter alleged, said ﬁctitious defendants were acting in the course and scope of their said

agency and employment.

6. This Court is the proper Court for the trial of this action because the Property is,

and at all relevant times mentioned herein, was located in the Town of Woodside, County of San
Mateo, State of California.
7. On or about October 7, 2011, cross-complainant MS. SCIGLIANO and cross—

CROSS-COMPLAINT Case No. lSCIVOl 179
H defendant MR. TOWNSEND entered into a contract related to the construction of the Property.
A true and correct copy of the contract between MS. SCIGLIANO and MR. TOWNSEND is
attached hereto and labeled as Exhibit A.
8. MS. SCIGLIANO is informed, believes and thereon alleges that under her

contract with MR. TOWNSEND, MR. TOWNSEND agreed to perform work as her general
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contractor and promised to manage the construction of her Property, or construction project, in a
workmanlike manner, and in accordance with all applicable laws and also in substantial

conformance with the plans and specs, and keep the jobsite in a safe, orderly and neat condition.

MS. SCIGLIANO is further informed, believes and thereon alleges that under her contract with

MR. TOWNSEND, MR. TOWNSEND also promised to manage and be responsible for all

contractors working on the Property, or her construction project, and ensure that the work

contemplated under the parties’ written contract is performed in a timely and satisfactory

manner.

9. On or about June 6, 2013, cross-complainant MS. SCIGLIANO and cross-

defendant TT LEE entered into contract related to the plumbing work for the construction of the
Property. A true and correct copy of the contract between MS. SCIGLIANO and TT LEE is

attached hereto and labeled as Exhibit B. p

10. MS. SCIGLIANO is informed, believes and thereon alleges that under her
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contract with TT LEE, TT LEE agreed to perform certain plumbing related work to the Property,

including but not limited to hooking up the plumbing for upstairs bathrooms of her Property.

MS. SCIGLIANO is further informed, believes and thereon alleges that TT LEE performed such

work and cross-defendant MR. TOWNSEND managed and was responsible for TT LEE’s work,

and that such work was performed in a timely and workmanlike and/or satisfactory manner.

11. However, on or about May 2, 2016, it was discovered that as a direct and

proximate result of cross-defendants MR. TOWNSEND’s, TT LEE’s and MOES 1 through 50

work, MS. SCIGLIANO’s Property sustained substantial property damage. Speciﬁcally, when

MR. TOWNSEND, TT LEE and MOES 1 through 50, inclusive, were performing and/or

managing the construction work at the Property, MS. SCIGLIANO’S Property sustained

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CROSS-COMPLAINT Case No. lSClVOl 179
substantial water damage resulting from an improper and/or defective plumbing ﬁtting

connection from a hot water supply line to a plumbing ﬁxture. As a result, substantial property

damage was caused to MS. SCIGLIANO’S Property causing her to sustain signiﬁcant out of
pocket costs resulting from Cross—Defendants’ work (and, at least known or believed by MS.

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SCIGLIANO not covered through any insurance proceeds) including but not limited to costs to

repair a structural support beam, ﬂoors, painting, interior (carpentry) and trim, drywall,

plumbing, insulation, electrical and cabinetry. MS. SCIGLIANO is further informed, believes

and thereon alleges that TOWNSEND failed to properly manage and perform the construction of
her Property and, as a direct and proximate result, MS. SCIGLIANO had no choice but to incur

out-of—pocket expenses in order to hire others in order to ﬁnish, complete and/or repair
TOWNSEND'S work. MS. SCIGLIANO reserves the right to amend this Cross—Complaint as

further construction failures and deﬁciencies are discovered.

FIRST CAUSE OF ACTION
(Negligence Against All Cross-Defendants)
12. Cross—Complainant re-alleges paragraphs 1 through 11, inclusive, and

incorporates them as though fully set forth herein.

13. Cross-Defendants MR. TOWNSEND, TT LEE and MOES 1 through 50,

inclusive, are builders, general contractors, plumbers and/or others who participated in the
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construction of the Property and knew or should have known that the Property would be used as
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a residence by MS. SCIGLIANO. Moreover, Cross-Defendants knew that MS. SCIGLIANO, as

an ordinary lay person without special expertise in building or construction would lack the

expertise and experience in which Cross-Defendants, and each of them, had acquired and used in
the construction of the Property as described above.
14. MS. SCIGLIANO believes and thereon alleges that Cross—Defendants, and each

of them, owed a duty to Cross—Complainant to exercise reasonable care in performing the
functions, duties and responsibilities in the capacity as described above and knew or should have

known with reasonable certainty that MS. SCIGLIANO would suffer damage if Cross-
Defendants failed to perform their duties in a reasonable and workmanlike manner.

CROSS—COMPLAINT Case No. 18CIVOl 179
15. MS. SCIGLIANO is informed, believes and thereon alleges that Cross—

Defendants, and each of them, failed and neglected to perform their functions, duties and

responsibilities in their capacity as described above, in a reasonably workmanlike manner,

within the prevailing standard of care, and breached their individual duties of care to MS.
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SCIGLIANO.

16. Now, as a direct and proximate result of said Defendants’ negligence, MS.

SCIGLIANO has suffered damages in an amount of at least $75,000, and which is in excess of

the jurisdictional minimum of this court. Notwithstanding the foregoing, MS. SCIGLIANO has

been and will be required to investigate and test various components of the Property and will
establish at trial, according to proof, the precise amount of such damages including, but not
limited to, the cost to repair the property damage resulting from Defendants’ negligence and any

other defects discovered during further investigation; the cost of expert investigation; damages

which are the legal and/or proximate cause or consequence of the above-described damages,

such as damages to real property, the structure, cost of repairs, loss of value due to defective
conditions, loss of use and enjoyment of the Property, as well as other out of pocket expenses
MS. SCIGLIANO had to incur in order to hire others in order to ﬁnish, complete and/or repair

Defendants' work.

SECOND CAUSE OF ACTION
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(Breach of Contract Against MR. TOWNSEND)

17. Cross-Complainant re—alleges paragraphs 1 through 16, inclusive, and
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incorporates them as though fully set forth herein.

18. On or about October 7, 2011, MS. SCIGLIANO and MR. TOWNSEND entered

into a contract related to the construction of the Property. A true and correct copy of the contract

between MS. SCIGLIANO and MR. TOWNSEND is attached hereto and labeled as Exhibit A.

The terms and conditions of the parties' written agreement are incorporated herein by reference.
19. MS. SCIGLIANO is informed, believes and thereon alleges that under her

contract with MR. TOWNSEND, MR. TOWNSEND agreed to perform work as her general

contractor and promised to manage the construction of her Property, or construction project, in a

CROSS—COMPLAINT Case No. l8ClV01 179
workmanlike manner, and in accordance with all applicable laws and also in substantial

conformance with the plans and specs, and keep the jobsite in a safe, orderly and neat condition.

MS. SCIGLIANO is further informed, believes and thereon alleges that under her contract with

MR. TOWNSEND, MR. TOWNSEND also promised to manage and be responsible for all
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contractors working on the Property, or construction project, and ensure that the work

contemplated under the parties’ written contract is performed in a timely and satisfactory

manner.

20. MS. SCIGLIANO is informed, believes and thereon alleges that she did all, or

substantially all, of the things that the contract required her to do, or in the alternative, was
excused from having to do, whereas MR. TOWNSEND materially breached said contract by,

among other things, failing to manage the construction of her Property, or perform work in a
workmanlike manner, and in accordance with all applicable laws and also in substantial

conformance with the plans and specs. Moreover, MS. SCIGLIANO believes and thereon

alleges that MR. TOWNSEND failed to keep the jobsite orderly and neat condition, and that

TOWNSEND failed to properly manage, perform, ﬁnish and complete the construction of her

Property and, as a direct and proximate result, MS. SCIGLIANO had no choice but to incur out—

of-pocket expenses in order to hire others to ﬁnish, complete and/or repair TOWNSEND'S work.

21. Now, as a direct and proximate result of cross-defendant MR. TOWNSEND’s
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breach, MS. SCIGLIANO has been damaged in an amount to be determined at trial.
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22. Furthermore, MS. SCIGLIANO is informed, believes and thereon alleges that

MR. TOWNSEND’S breach of contract was a substantial factor in causing MS. SCIGLIANO’S

harm.

THIRD CAUSE OF ACTION
(Breach of Express Warranty Against MR. TOWNSEND)

23. Cross-Complainant re-alleges paragraphs 1 through 22, inclusive, and

incorporates them as though fully set forth herein.

24. Cross-Complainant MS. SCIGLIANO is informed, believes and thereon alleges

that under the parties' express written contract between cross—defendant MR. TOWNSEND and

CROSS-COMPLAINT Case No. 18CIV01 179
MS. SCIGLIANO, cross-defendant MR. TOWNSEND agreed to manage and see to completion

in a substantial and competent manner the construction of the Property. Furthermore, MR.

TOWNSEND expressly warranted the work contemplated under the parties’ contract would be

performed by MR. TOWNSEND, as well as the work of all contractors, in accordance with the
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terms and conditions of the parties' contract. MR. TOWNSEND also expressly warranted that
there was a general one year express warranty for any work against defects in workmanship on

any construction work that he physically performs.

25. MS. SCIGLIANO believes and thereon alleges that cross-defendant MR.

TOWNSEND breached the above-referenced warranty by providing a Property to MS.

SCIGLIANO that contained faulty workmanship performed by Cross-Defendant and that MR.

TOWNSEND failed warrant his work as provided in the parties' contract.

26. Now, as a direct and proximate result of cross-defendant MR. TOWNSEND’S

failure to warrant his work, MS. SCIGLIANO has been harmed and further alleges that MR.

TOWNSEND’S breach of express warranty was a substantial factor in causing MS.
SCIGLIANO’s harm.

FOURTH CAUSE OF ACTION
(Breach of Contract Against TT LEE)

27. Cross-Complainant re-alleges paragraphs 1 through 26, inclusive, and

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incorporates them as though ﬁilly set forth herein.

28. On or about June 6, 2013, cross—complainant MS. SCIGLIANO and cross-
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defendant TT LEE entered into contract related to the plumbing work for the construction of the
Property. A true and correct copy of the contract between MS. SCIGLIANO and TT LEE is

attached hereto and labeled as Exhibit B. The terms and conditions of the parties' written

agreement are incorporated herein by reference.

29. MS. SCIGLIANO is informed, believes and thereon alleges that under her

contract with TT LEE, TT LEE agreed to perform certain plumbing related work to the Property,

including but not limited to hooking up the plumbing for upstairs bathrooms of her Property.

MS. SCIGLIANO is further informed, believes and thereon alleges that IT LEE performed such

CROSS-COMPLAINT Case No. 18CIV01 179
work.

30. MS. SCIGLIANO is informed, believes and thereon alleges that she did all, or

substantially all, of the things that the contract required her to do, or in the alternative, was
excused from having to do, whereas TT LEE materially breached said contract by, among other

things, failing to perform its work in a workmanlike manner by, among other things, failing to
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perform and/or otherwise installing an improper and/or defective plumbing ﬁtting connection

from a hot water supply line to a plumbing ﬁxture. As a result, substantial property damage was

caused to MS. SCIGLIANO’S Property causing her to sustain signiﬁcant out of pocket costs
resulting from TT LEE’S work including but not limited to costs to repair a structural support

beam, ﬂoors, painting, interior (carpentry) and trim, drywall, plumbing, insulation, electrical and

cabinetry. MS. SCIGLIANO reserves the right to amend this Cross-Complaint as further

construction failures and deﬁciencies are discovered.

31. Now, as a direct and prOximate result of cross—defendant MR. LEE’s breach, MS.

SCIGLIANO has been damaged in an amount to be determined at trial.

32. Furthermore, MS. SCIGLIANO is informed, believes and thereon alleges that

MR. LEE’s breach of contract was a substantial factor in causing MS. SCIGLIANO’s harm.

WHEREFORE, CIOSSaComplainant MS. SCIGLIANO prays for judgment against Cross-

Defendants as hereinafter set forth.

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PRAYER
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WHEREFORE, cross-complainant MS. SCIGLIANO prays for judgment against Cross-

Defendants, and each of them, as follows:
1. For general damages, according to proof;

2 For special damages, according to proof;

3. For interest thereon at the maximum legal rate;

4 For all costs and expenses of suit incurred herein;

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CROSS-COMPLAINT Case No. l 8CIV01‘179
5. For reasonable attorneys fees (against MR. TOWNSEND only) as authorized by

the parties' respective contract, Civil Code Sec. 1717, et seq.; and

6. For such other and further relief as the Court deems just and proper.

Dated: July Ezs , 2018 MICHAEL B. ALLEN LAW GROUP, INC.
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1.
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GRANf H. BKKER, ESQ.
Attorney of Cross-Defendant & Cross-
Complainant GISELA SCIGLIANO

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CROSS-COMPLAINT Case No. 18CIV01 I79
EXHIBIT A
Jeff Townsend
.On Site Custom Homes
14111 Long Ridge Rd
Los Gatos, CA 95033
Phone: (408) 499-3817
Fax: (408) 353-3602
GA Llc-#57SS39

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Project Management Consulting and Construction

1.
Agreement (“Agreement”)
PARTIES: This Agreement is being entered into between W,
hereinafter caiied the “Owner", and Jeff Townsend, d.b.a. ON SITE, hereinafter called the.
"General Contractor", as of the later date set forth in the signatures below.

In consideration of the mutual promises contained herein, the parties above hereby
agree as follows:

2. GENERAL DESCRIPTION OF WORK: The General Contractor agrees to manaée
and see to completion in a substantial and competent manner, the construction of a. new
rsdec In e. r a rda ce lth las ndn eciflcai ove b t n‘

wgggsigg. Interior speciﬁcations by 're e he ea Court Del n “Pro'e t’ Work
to take place upon the real property located at 459 Las Bulges Qr... Woodsige. gallfgmia.
Scope of General Contractor's work to generally include project management and
Coordination of the construction 'work as Stated herein and as may change from time to time
pursuant to direction from the owner and owner’s agents.

3. PLANS, SPECIFICATIONS, PERMITS: General Contractor to manage the
construction and rely upon the plans and speciﬁcations furnished by the Owner’s design
consultants. Owner warrants these plans are complete and suitable for constmction.
General Contractor is not responsible "for errors and omissions in the plans and
specifications. General contractor will use his. best efforts to identify errors or omissions in
the plansand speciﬁcations. The same will'be brooght to the attention of the Owner’s
agent’s and design team if and when discovered by General Contractor. General Contractor
warrants the 'work contemplated herein will be performed by General Contractor and all
contractors in accordance with the. termsendcond'ltiozns of thisAgreement. ._.

4. SCOPE OF WORK Oi= GENERAL CONTRACTOR. The scope of General Contractors
work is generally described as follows: _
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A. PRE-CONSTRUCTION PHASE:

1. .Lead indeveloping pre~construction owner budgetary forecast information for Owner
and lender based on plans and information prepared by owner and owners design
consultants. Information to be in form of a breakdown for each separate phase of
construction to be used as a guideline for the development of a working budget.
Preliminary budget forecast information prepared by General Contractor is General
Contractor’s best estimate of possible costs based on the information known to him
at the time the preliminary budget is presented to owner (not a “price guarantee” or
ﬁxed Lump Sum Price). The budget will include ﬁxed bids as speciﬁed by sub
contractors based on plans and specifications presented at the time of estimate. The
preliminary budget provided by General Contractor is subject to increase or decrease
based on such factors as: future changes in project made by owner and owner’s
design team, the addition or deletion of project work not previously considered or- bid
out, changes made by building inspectors and plan checkers, shortages of labor and
'
materials, factors beyond control of- General Contractor.
Work with Owner and design team to assist design team in value engineering efforts
to help the Owner evaluate costs vs. quality decisions while maintaining desired
project standards. Solicit the value engineering input of the contractors during both
the bidding and construction phase and pass this input on to the appropriate
member of the design team for consideration or implementation
Assist the Owner and design team in developing speciﬁcations that are both simple,
and yet clear and precise.
Assist Owner and design team in developing bidder criteria, bid review, make
recommendations for Owner prior to Owner selecting contractors based on most
qualiﬁed bidder and most reasonable cost. Pro-qualify bidders on bid list. General
Contractor is to solicit bids for contractors in accordance with the terms and
conditions of this Agreement, including presenting at least '3 bids to OWner for
approval.
Provide Owner and Owner’s agent with data for construction agreement for use by all
contractors. Provide a list of contract criteria covering areas such as payment
disbursement, safety, insurance, cleanup, craftsmanship standards, lien releases,
dispute resolution, flow down provisions, etc... General Contractor to review all
contracts and agreements with Owner for approval and acceptance. (Owner
responsible for reviewing and administering all contracts with contractors and
making all paymentsrelat’ed— thereto. Owner toreview‘any proposed agreement with
their attorney before use.) It is Owner’s responsibility-to reView all contracts and
subcontracts With Owner’s attorney prior to executing the same.
Handle all interfaces with the building department field inspectors.
Coordinate the. bidding process with at least three bids per each major trade or. as
additionally requested by the Owner. Field-questions from bidders during bidding
process and interface between bidders and design team in order to facilitate the
creation of addenda to the bidding documents, where appropriate. .

Provide the Owner a reasonable written Change Order policy that is both fair but
discourages the submittal of unwarranted change orders.
Provide the Owner a mutually acceptable procedure for Progress Payments (see Item
4. 8-1 below). All subcontracts are to be written to General Contractor and signed by
owner upon final approval. -

10. Obtain all necessary permits required to complete the Project, the cost of SLICh
permits to be at Owner'5 sole cost and expense
11. General Contractor to provide Owner, prior to the commencement of any work by
General Contractor at the Project and within 5 days of the date of this Agreement,
with evidence of professional liability and general liability insurance for the Project
against any liability that may incur because of bodily injuries or death or damage. to
or destruction of any property, in commercially reasonable amounts. Contractor
shall name Owner as additional insured for the fOregoing general liability policies.

8. CONSTRUCTION PHASE:
1. PAYMENT Each month the General Contractor. will analyze the percentage of work
completed for each Invoice in order to recommend or discourage the Owner's
payment of each invoice. On the tenth (10th) of each calendar month, the General
Contractor will provide the Owner with a detailed INVOICE PAYMENT PACKAGE
including: a document describing all payments made or to be made by Owner to
each subcontractor and/or material supplier; .a cost control spreadsheet reflecting
those amounts; all current subcontractor invoices, time sheets, reimbursable
expenses and all receipts; and all lien releases of contractors for all of the work
performedfor the time period of requested payment. General Contractor shall also
only submit such invoice upon General Contractor’s reasonable determination, and
OWner’s agreement, that the work required to be performed has been timely and
adequately completed by all applicable contractors requesting payment.
Furthermore, in the event that Owner reasonably disputes a progress payment or
portion of a progress payment, and such dlSpute is in good faith, then Owner shall
not be required to make such payment until the dispute is resolved. Provided the
foregoing is compiled with and all documentation described herein is timely received
by Owner, Owner shall deliver payments by check to the General Contractor by the
fifteenth (15th) of each calendar month. The General Contractor will then deliver
Owner’s checks to the appropriate subcontractors.
The General Contractor will endeavor to manage the Project in such a manner that
'

the Project is constructed and completed in a timely, workmanlike manner, in
accordance with all applicable laws and also in substantial conformance with the
plans and speciﬁcations. Contractor will keep the jobsite in a safe, orderly, and neat
condition
Lo The General Contractor will meet on site on a daily basis and communicate with the
Owner and the Owner's design team and agents on a weekly basis or more
frequently as reqUested by owner. If General Contractor is unable to be on-site for a
reasonable reason, Owner will, permit a qualified representative of, General
Contractor to be on——site instead of General Contractor to ensure daily on~site
presence, on an infrequent basis only, provided the representative shall- have
commercially reasonable credentials. and they are prior approved by Owner. The
parties agree that General Contractor will. be on- site at the Project on the majority of
days during the term of this Agreement.
The General Contractor will manage and be reSponslble for all contractors working on
the Project and ensure the work contemplated herein is performed in a timely and
satisfactory manner and that the Project remains iien- free to the extent of General
Contractor‘s obligations to communicate with contractors and obtain all lien releases
from all contractors. General Contractor shall notify Owner immediately if any
contractor threatens to place a lien on the Project and shall work with Owner to
ensure such lien is not filed.
To inform them of the project status and pending issues that requires attention.
Coordinate mobilization and demobilization of all phases of Work. Including, but not
limited to: setting up temporary utilities, power, sanitation, staging areas, and
emergency repairs.- .

Review and maintain a log of all contractor insurance certiﬁcates.
.

Provide project management of contractors performing the Project work. Coordinate
the on--site and off—site public and private utility Work.
Where necessary and approved by mr, order materials on Owner’s account and
coordinate delivery.
10. Act as a “clearing house” for contractors in the field in order to accept RFI’s and pass
these on to the appropriate design professional for review and clariﬁcation. .

11. Maintain accurate record of all “in house” labor and costs.
12 Hold a job site meeting and pro-construction meeting with the contractors in order to
prompt conformance with the general conditions and help to assure proper
performance of the contractors.
13. Obtain appropriate lien releases :and waivers from contractors prior to applicable
progress and ﬁnal payment.
14. Interface with Building Department on an as—needed basis.
15.Make sure the job site is cleaned on a regular basis and left in a clean broom-clean
condition upon the completion of the work- conternplated herein.

c. Poet-conmumou PHASE:
The General‘Contractor will perform the following duties:

1. Obtain ﬁnal inspections and approvals from governmental authorities.
2. Inspect the work with Owner prior to preparing. a punch list.
3. Assure that Owuer’s. manuals, manufacturer's warranties, etc... are providedby
contractors to Owner prior to final payment of contractors.
4. Obtain lien releases and waivers prior to ﬁnal payment of all contractors.

5. The Owner's Roles and Responsibilities defined asfollows:

1. Finalize negotiations with a lender, as required, and secure the necessary project
funding
. All Project construction expenses (labor, materials, design, permits, utility fees, misc.
expenses, etc. .) are to be borne by the Owner. With the exception of. any
construction work separately contracted by the General, Contractor (to. ﬁnish
carpentry work), the General Contractor is not to be held liable for any costs or
expenses related to the project. (Owner to pay contractors and vendors directly. .).
Owner to enter into all contracts for all labor and materials for all contractors
performing work on Project and pay all bills in a timely manner, subject to'
Contractor‘s performance of its obligations related thereto as provided herein.
Clear through General Contractor in writing any and all additions, deletions and
changed work or changes on the project.
Accept the liability for theft or destruction of build

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Marie S. Weiner Track Judge’s New Case

Case No.

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Document Filed Date

July 26, 2018

Case Filing Date

September 20, 2017

County

Parties

Ambrose Industries, Inc. Cross Defendant
BAKER, GRANT H. Attorneys for Plaintiffs
BANKERS STANDARD INSURANCE COMPANY Plaintiff
BRIDGMAN, KURT D Attorney for the Defendant
BUSH, KEVIN D Attorney for the Plaintiff
CAMARA, THOMAS M. Cross Defendant
CHESLER CONSTRUCTION, INC. Cross Complainant
CHESLER CONSTRUCTION, INC. Cross Defendant
Craft Builders, Inc. Cross Defendant
CUEVAS, JESSE G. Cross Defendant
Daniel Joseph Dollosso, Incorporated Cross Defendant
DOES 1 THROUGH 100, INCLUSIVE Defendant
Gary Pollock Construction & Excavation Cross Defendant
GEE, KEVIN Cross Defendant
Ivary Management Company Cross Defendant
J. Valencia Plastering, Inc. Cross Defendant
Legacy Roofing & Waterproofing, Inc. Cross Defendant
MCNEIL, TIMOTHY C. Attorneys for Defendants
MILLINGTON, KIMBERLY A. Attorneys for Plaintiffs
MOES 1-100, INCLUSIVE Cross Defendant
MOES 1 THROUGH 50, INCLUSIVE Cross Defendant
ONSITE CUSTOM HOMES Defendant
ROES 1 THROUGH 100, INCLUSIVE Cross Defendant
ROES 1 through 50, inclusive Cross Defendant
SASKO, GEORGE M. Cross Defendant
SCIGLIANO, GISELA Cross Complainant
SCIGLIANO, GISELA Cross Defendant
SMITH, DENNIS Cross Defendant
SMITH, MICHAEL L. Attorney
SMITH, MICHAEL L. Attorney for the Defendant
TOWNSEND, JEFF R Cross Complainant
TOWNSEND, JEFF R Cross Defendant
TOWNSEND, JEFF R Defendant
TREVITHICK, BRUCE A. Attorneys for Plaintiffs
TT LEE CORPORATION Defendant
TT LEE CORPORATION, A CALIFORNIA CORPORATION Cross Complainant
TT LEE CORPORATION, A CALIFORNIA CORPORATION Cross Defendant
Ashley Bauerle Attorneys for Plaintiffs
Michael Allen Attorneys for Plaintiffs
Assaad Stephan Attorneys for Plaintiffs
Peter Linn Attorneys for Plaintiffs
Robert Bellagamba Attorneys for Plaintiffs
Erin Collins Attorneys for Defendants
Todd Jones Attorneys for Plaintiffs
Joy Krmpotic Attorneys for Defendants
Eunji Cho Attorney
Nicole Collins Attorney
Michael Bae Attorneys for Defendants
Grant Huebner Attorneys for Defendants
Michael Burke Attorneys for Defendants
Kevin Delijani Attorneys for Plaintiffs
Brett Moroney Attorney
Anujan Jeevaprakash Attorney
Bryan Bjorge Attorney

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Complaint,Petition: BANKERS STANDARD INSURANCE COMPANY vs. TT LEE CORPORATION, et al

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Case Info

Parties