Hon. MICHELLE R. ROSENBLATT (Ret.) 

Representative Cases 

 CONSTRUCTION DEFECT  

• Plaintiff general contractor and owner of a residential parcel for the construction of a high-end custom residential property contracted with Defendant subcontractor, a licensed excavator to excavate a hillside.  Plaintiff alleged that the Defendant over-excavated, not following the proper plans.  Plaintiff alleged this caused serious damage to the project and resulted in delays and unexpected expenses.  Additionally, a truck hauling company that Defendant subcontracted with recorded a mechanic’s lien on the property.  Plaintiff alleged that this cost was the obligation of Defendant.
  
• Homeowner’s claim against contractor for doing substandard work that was not only not within code, but structurally affected the integrity of the home and property.
  
• Homeowner claimed construction defect and disgorgement for contracting without a license where homeowner claims that a flooring contractor acted as a general contractor and did not complete the work in a timely manner. Flooring contractor cross-complained for defamation, breach of contract, indemnity and contribution by sub-contractors, and asserted that it acted as a construction manager only as well as a licensed flooring contractor, not as a general contractor.
• Construction defect, including allegations of breach of contract, misrepresentation and construction defect by the homeowner, breach of contract by the general contractor against homeowner and for indemnification by the subcontractors.
  
• Breach of contract and construction defect in connection with a home remodel. 
  
• Dispute over payment for the construction of a 23-unit condominium project. Plaintiff contractor corporation claimed outstanding payment on original contract and for change orders; developer limited liability company claimed the work was untimely, did not conform to the contract, incurred unwarranted costs and lost profits. 
  
• Construction defect action brought by a homeowner for negligence, products liability and breach of implied warranty against a hardwood floor manufacturer, an installer and surety for defective hardwood flooring and negligent installation of the hardwood floors. 
  
• Dispute by homeowners with the contractor who built and sold them their home, alleging negligence in construction resulting in movement of the foundation and damage to the interior and exterior of the home. The homeowner as well as the defendant contractor also alleged negligence against the geotechnical engineer, the civil engineer and the architect. 
  
• Action for breach of contract brought by Plaintiff against defendant architect. Plaintiff purchased land and hired Defendant to furnish a design, construction documents, bidding and negotiations and construction administration for a single-family dwelling. The first phase involved preparation of construction documents acceptable to the city building department. Plaintiff alleged he timely paid, but defendant did not meet deadlines or perform satisfactorily so that plaintiff was unable to get his permits. Their dispute led to a repudiation of the contract by Plaintiff and a delay of over a year, allegedly resulting in a substantial decrease in value of the property, increased cost of construction and loss of use damage. 
  

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