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Trial Victory

Posted by Matthew S. Constantino | Jun 03, 2024 | 0 Comments

Partner Matt Constantino and Senior Trial Attorney Jesmin Alam successfully defended their client, a general contractor, and beat their client's 998 Offer following a 5-day bench trial in Alameda County. The case involved alleged construction defects related to work performed by their client on Plaintiff's residence in Oakland. Prior to trial, our client submitted a 998 Offer to Plaintiff in the amount of $201,265. Plaintiff sought $1,584,483 at trial, which included repair costs as well as various past and future economic losses. The day after the parties submitted separate proposed Statements of Decision, the Court adopted and entered our proposed Statement of Decision in its entirety and awarded Plaintiff only $35,987.60. As such, we beat our 998 Offer, entitling our client to post-998 Offer costs which exceeded Plaintiff's award.  In other words, Plaintiff got nothing and actually had to pay our client!

About the Author

Matthew S. Constantino

Matthew S. Constantino is a Partner with Clapp, Moroney, Vucinich, Beeman & Scheley, and has been with the firm since 2005. Matt has extensive experience successively representing prominent developers, general contractors, subcontractors and design professionals in hundreds of large and complex lawsuits throughout California, frequently serving as lead defense counsel. As part of his practice, Matt has particular expertise in the relationship of insurance to construction related matters, including obligations to defend, tenders and indemnity related issues. He has significant experience in litigating construction and construction defect matters and advising clients concerning risk management, contract formation and negotiation, and insurance issues. Matt also has extensive experience in handling matters on behalf of developer, general contractor and trade contractors involving Civil Code section 895 et seq. (SB800) claims. His experience has allowed his clients to successfully navigate the statutory requirements of SB800, as well as resolving claims in an efficient and effective manner while limiting or avoiding subsequent litigation.

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