February 2006.   Brydon Hugo & Parker's James Parker brought suit for T.C. Properties, LLC, an East Bay-based commercial enterprise, in Alameda Superior Court, alleging defective workmanship and massive cost overruns in the construction of TCP’s new office building in Livermore.    Although numerous subcontractors were eventually brought into the suit, the primary defendant was TCP’s general contractor and its principal owner.    TCP sought over $250,000 in defective workmanship, cost overruns and lost rents.    The general contractor cross-complained and demanded over $330,000 for unpaid services.    Mr. Parker and Senior Attorney Robert Farrell negotiated a settlement in TCP’s favor of all the construction defect claims but could not reach agreement on the cost overruns or the general contractor’s claims.    Mr. Parker tried the cost overrun case in November and December and in January the Court returned a Statement of Decision finding fully in favor of TCP on its complaint, against the general contractor on all its claims, and further found the corporate veil should be pierced against the owner of the general contractor, making him personally liable for the damages, which included an award of lost rents.   

(T.C. Properties v. Robert Clouston, et al., Alameda Superior Court, Case No. 2002-038814)