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Alan J. Hart - Representative Experience

  • Issues
  • Venue
  • Client Type
  • Practice Areas
  • Full Description
  • Result
  • construction contracts; executed change orders; mechanic's lien ;construction delay; lost profits; fire protection alarm design
  • San Diego County Superior Court
  • Specialty Construction - Fire Protection and Alarm Design and Construction
  • Construction
  • Siry Investments/1835 Columbia ("Siry") was performing an extensive remodel to a boutique hotel in San Diego.  Siry contracted with Cosco to design and install the fire protection and alarm systems and with design professionals D'Amato Conversato, Inc. ("DCI") and Salehi Engineering, Inc.  ("Salehi").  Cosco issued and executed approximately 16 change orders, many of which Siry refused to sign or pay for.  Cosco filed a breach of contract/mechanic's lien foreclosure action against Siry.  Siry filed a cross-complaint against Cosco and a separate action against DCI and Salehi for breach of their contracts, which allegedly cost millions of dollars in extra costs and lost profits.  All actions were consolidated for trial.  The jury found in favor of Cosco, DCI, and Salehi on all claims.  Cosco was awarded the full amount of its damages.

  • Siry abandoned its appeal against Cosco and satisfied the Cosco Judgment of approximately $98,000

  • Brain Injury, Earning Capacity, Post Concussion Syndrome, PTSD
  • Los Angeles County, Central District
  • Plaster and Paint Contractor
  • Catastrophic/Personal InjuryPremises Liability
  • Plaintiff was injured when a plank of our client scaffolding inexplicably dislodged and fell on her head while she waited for her car after exiting from the restaurant where she had just had dinner.  The scaffolding had been erected to the establishment located next door to that where Plaintiff had been and had been left up at the end of the day upon the request of a representative of the owner of the restaurants, i.e., that where work was being performed and that where Plaintiff had been.

    Plaintiff claimed that she suffered a traumatic brain injury with ongoing and permanent symptoms preventing her to return to her premorbid occupation -- she was a licensed attorney, albeit unemployed since passing the bar, who was studying for her real estate license and planning the opening of a juice bar.  She claimed in excess of $5 million in economic damages, including loss of earnings, loss of earning capacity, past and future medical specials.  

  • Settled for $650,000 three days before trial.