SAN JUAN CAPISTRANO : Marbella Homeowners Win Construction Suit
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Two men who bought homes in the exclusive Marbella development have been awarded $1.14 million in a jury trial in which they contended that inadequate grading work made their custom lots unstable.
Jim Brakke and Al Carollo Jr. won the award last week after an eight-day trial in Santa Ana. A Superior Court jury deliberated for about six hours.
The two men filed suit against Sukut Construction Inc. after their homes were damaged by land slippage.
The gated Marbella community was built in the late 1980s. Brakke paid $1.6 million for his home, while Carollo paid $900,000, said attorney Philip W. Green with the Newport Beach firm of Hamilton & Samuels.
The jury award--$752,102 for Brakke and $396,006 for Carollo--is for house repairs, compensation for relocation expenses and expert investigation.
The developer, soils engineer and landscaping contractor, who were also named in the suit, earlier settled out of court for $362,500.
George Dale, an attorney for Sukut, could not be reached for comment.
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