The firm’s client was the lease-leaseback contractor for construction of an elementary school in San Diego County. Several years after the project was completed, the school district sued the project’s architect claiming the design for the heating, ventilating, and air conditioning (“HVAC”) system at the school was defective and did not allow for proper temperature regulation.
After litigating the case for several years, the architect filed a cross-complaint against the firm’s client, the HVAC subcontractor, and the HVAC commissioning agent. The firm evaluated the claims and proceeded with several rounds of demurrers (pleading challenges), which resulted in the architect’s cross-complaint against the firm’s client being thrown out without the firm’s client having to extensively litigate its defense.
Judgement was entered in favor of the firm’s client. The architect appealed the judgment. While the appeal was pending, however, the parties reached a settlement in which the architect withdrew its appeal and the firm’s client paid nothing.
Counsel: Jason R. Thornton and Scott M. Bennett