Obtained a Favorable Settlement for Our Client in a Professional Negligence Case Against an Architect (2014)
Summary of the Case:
- Defendant was hired as the architect of a large church sanctuary, fellowship hall, classrooms, etc. Defendant was supposed to monitor the progress of the work at the jobsite and ensure that payments were being made to the contractors after work orders were completed. Defendant approved numerous work orders for the general contractor but failed to evaluate the progress of the construction and the purchase of the materials for which our client had been paying. The general contractor took several hundred thousand dollars and abandoned the work site without having competed much of anything.
Procedural History:
- Kearney and Mr. Smith represented the Plaintiff in a lawsuit filed in the Orange County Superior Court against the architect for professional negligence in allowing the contractor to get away with so much money and having hardly completed any work. The architect filed a motion for summary judgment which was denied so the case was headed for trial.
Result:
- Just a couple weeks before the scheduled jury trial, there was a favorable settlement to our client for essentially the remaining policy limit of the architect’s liability insurance. The client was able to obtain an additional construction loan with the proceeds and finish building the church. The church was beautifully constructed and is very successful with its large congregation in the San Gabriel Valley.