Orndorff v. Christiana Community Builders

217 Cal.App.3d 683 (4th District Division 1, 1990)

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Nature of the Case

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Facts

Ps have lived in their home since 1977. Their home was built on defectively compacted soil. The house was settling, and at trial, Ps presented evidence that further settlement was likely and that a pier or caisson and beam system was necessary to repair the house. Ps’ expert estimated that it would cost $221,792.68 to install. Ps also presented evidence that they would be required to incur $21,747 in additional engineering costs, permit fees, and relocation expenses while repairs were completed. The trial judge found that the measure of damages for construction defects was either the diminution in value or the likely repair costs and that in this case, the proper award was the repair costs, plus relocation expenses. The trial court awarded Ps $243,539.95. D appealed.