Woodward-Gizienski & Associates v. Geotechnical Exploration, Inc

In Woodward-Gizienski & Associates v. Geotechnical Exploration, Inc. (1989) 208 Cal. App. 3d 64, developers of a condominium project were sued by the homeowners for negligence. The developers cross-complained against forensic soils engineers who allegedly caused the homeowners to make excessive repairs to the property. The Fourth District held that since, as a matter of law, the developer's liability is limited to the reasonable cost of repairing damage caused by their negligence, and the developer is not liable for the excess, it could not state a cause of action against the engineers. The court recognized that a cause of action for equitable indemnification may exist where repairs are negligently performed by third parties so as to increase the injury to the property, necessitating further repairs. (Woodward, supra, 208 Cal. App. 3d at p. 68.) The court stated: "Unlike the situation where an original tortfeasor is jointly and severally liable for all additional injuries proximately caused by a subsequent tortfeasor, here under fundamental concepts of damages law the original tortfeasor is only liable for the reasonable costs incurred by the injured party to remedy the injury." (Id. at p. 69.)