A construction defect lawsuit has been filed in Maricopa County Superior Court in Arizona by Sterling Trust Company against Walgreen Arizona Drug Co., Anxon Inc., Precept Construction Co., Precept Management & Development LLC, and Turnkey Corp., alleging that the defendants are responsible for the property's defective parking lot and adjoining pavement areas.
The lawsuit was filed on behalf of Sterling Trust by the Phoenix law firm of Kasdan, Simonds, Weber & Vaughan LLP. The property, which is owned by Sterling Trust Company and leased to Walgreens Drug Store, is located at 5160 S. White Mountain Rd., Show Low, AZ.
According to the lawsuit, "The parking lot and appurtenant pavement sections continue to fail, deteriorate, degrade and cause damage, and the failures, deterioration, degradation, and damage will continue to occur over the expected useful life of the subject property."
It alleges that defendants Anxon Inc., a general contractor based in Minneapolis, MN, Turnkey Corp., Precept Construction, and Precept Management & Development LLC, all Arizona companies, "were engaged and did engage in the planning, design, development, construction, maintenance and/or sale of the subject property and were responsible under the laws of contract to comply with minimum building standards, including the provisions of the adopted building code, and were responsible to exercise direct supervision and control over the operations necessary and proper maintenance to secure full compliance with all building, safety and health laws, rules and regulations."
Due to the builder's poor workmanship, the lawsuit states that "Plaintiff has been damaged in that he has been and will be required to incur expenses to correct, replace and reconstruct the defective parking lot and pavement sections, as well as damage to property resulting therefrom, and related costs such as relocation, loss of use, and mitigation expenses . . ."
It further alleges that due to Walgreens failure to "properly maintain the parking lot areas, including, but not limited to, the introduction of excess moisture into the pavement subgrade by over-irrigation and depositing of snow removed from the parking lot areas onto the landscape areas, Plaintiff has been damaged by the of conduct Walgreens . . ."
The Kasdan Simonds law firm has offices in Irvine and Walnut Creek, CA, and in Phoenix, AZ. The firm represents plaintiffs in major construction defect litigation, toxic mold litigation, medical product liability and commercial disputes. For more detailed information on the firm, visit www.kasdansimonds.com.