2013 Architect Malpractice Claim
Feb 20, 2013OUTCOME: $751,000 recovery
Sued architect for negligence in designing faux brick facade that did not comply with code for San Francisco building.
Daniel F. Mclennon's Legal Cases (7)
San Francisco, CA
Construction and development Lawyer at San Francisco, CA
Practice Areas: Construction & Development, Insurance, Landlord & Tenant
2012 Post Trial Costs Appeal
May 28, 2012OUTCOME: Supreme court affirmance plus attorney fees and interest
Marc Sherman of MLC convinced the California Supreme Court that interest on a loan secured by appellant to provide a bond to stay enforcement of judgment on appeal could not be recovered by appellant. ... The Supreme Court’s unanimous ruling resulted in an opinion published in the law books of California. MLC then obtained and award of all attorney fees incurred for the appeal plus interest.
2012 Contractor Payment Claim
May 07, 2012OUTCOME: Case settled on first day of trial, with client recovering $50,000, net, after paying defect claim, fees and costs.
Napa general contractor consulted Dan McLennon to assist in finalizing a release between home owner and contractor. Contractor's first attorney recommended that contractor walk away from contractor's $ ... 85,000 payment claim in exchange for home owner’s waiving defect claims. Contractor's first attorney had tendered home owner’s cross-claim to contractor's carrier but did not follow up after carrier refused defense. MLC convinced the carrier to defend the counter claim, and Craig Wallace and Dan McLennon pursued recovery on contractor’s payment claim.
Swi-Co Construction Inc. v. Allied Insurance Co.
Apr 26, 2012OUTCOME: $425,000 summary judgment
Insurance carrier for Sonoma general contractor refused to defend contractor against home owner construction defect claims. Contractor's first attorney defended the action and settled the claim. Includ ... ing attorney fees, costs, and waiver of amounts due to contractor, the action cost contractor approximately $300,000 out of pocket. Marc Sherman and Dan McLennon determined that the carrier had wrongfully refused to defend and sued carrier on behalf of contractor. Marc Sherman's motion work resulted in federal court orders denying the carrier's motion for summary judgment and granting summary judgment for the contractor in excess of $425,000, without the need for trial.
2012 Napa County Construction Defects Defense
Feb 27, 2012OUTCOME: Case was resolved with client’s contributing nothing, despite substantial damages potentially not covered by insurance. Client and MLC successfully negotiated with primary carrier to pay most of MLC’s fees.
Serving as personal counsel to a major general contractor sued for construction defects allegedly causing over $47 million in damages to a luxury resort, MLC assisted insurance-appointed counsel in pur ... suing (1) additional insured coverage from subcontractor carriers, (2) indemnity from subcontractors, and (3) full insurance coverage for all damages.
2012 Sonoma County Commercial Landlord Tenant Action
Dec 21, 2011OUTCOME: Eviction of tenant and damages claim of over $300,000.
MLC successfully evicted a defaulting tenant from a Santa Rosa shopping mall as a result of an unlawful detainer action. MLC is now pursuing over $300,000 in damages from the former tenant and guaranto ... rs.
City of Newark v. W.A. Thomas & Co
Nov 17, 2010OUTCOME: $3.2 million jury verdict
From September 13 to November 17, 2010 the MLC team lead by Dan McLennon tried a multi-party construction defect case on behalf of a major regional general contractor to an Alameda County jury. In week ... two of this eight-week trial, the plaintiff city settled with the general contractor for $3.2 million. Dan asked the jury for $3.2 million, and the jury awarded $3.2 million, to be spread among the defendants. Significantly, the contractor’s settlement with the city removed personal liability of the general contractor’s principals for over $1 million on a maintenance bond, and the jury allocated to the general contractor only 15% liability, while an architect, subcontractor, and supplier bore the rest. Insurance carriers funded 100% of the settlement amount, all of MLC’s Cumis counsel fees, and the general contractor’s expenses incurred in attending trial.
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