Nigel hudson; Plaintiff, vs. john bachsian, et al.; Defendants.

Case No.: BC659102

Hearing Date: October 16, 2019

FINAL STATEMENT OF DECISION RE:PHASE ii OF TRIAL

Factual Background

This is an action for breach of contract. The complaint alleges that on April 27, 2015, Plaintiff Nigel Hudson (“Hudson”) entered into a written construction contract with Defendant John Bachsian (“Bachsian”) and his companies, Defendants Universal Group Inc. (“Universal Group”) and Universal Construction Group, Inc. (“Universal Construction Group”) , for the installation of a swimming pool, deck, retaining walls, and associated work for Hudson’s residence. (FAC ¶¶ 10, 11.) The contract contained a warranty that the work would be free from defects for three years. (FAC ¶ 12.) The work, however, was defective, substandard, and not performed in a workmanlike manner, and caused Hudson damages in excess of $313,000.00. (FAC ¶¶ 15, 21.). The actual written contract is between plaintiff and Universal Group,