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Contracts
Breach of Contract
Construction

Hammes Company Healthcare, LLC, a Wisconsin limited liability company; HC Tri-City I LLC, a Wisconsin limited liability company v. Tri-City Healthcare District, a California public entity, Larry Anderson, Pamela Smith, et al.

Published: Feb. 15, 2014 | Result Date: Jan. 9, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 3:09-cv-2324-GPC-KSC Bench Decision –  Defense

Court

USDC Southern District of California


Attorneys

Plaintiff

J. David Bournazian
( K&L Gates LLP)


Defendant

Hanni Pichel

Jeffrey Lewis
(Jeff Lewis Law APC)


Facts

Tri-City Healthcare District hired Hammes Company Healthcare LLC in 2005 to develop and construct a medical office building on its campus.

Contentions

PLAINTIFF'S CONTENTIONS:
Hammes contended that Tri-City terminated the relationship and Tri-City was liable for costs.

DEFENDANT'S CONTENTIONS:
Defendants contended that by 2009, Hammes had failed to commence construction and the parties relationship ended. Tri-City contended that Hammes failed to proceed diligently with the construction and was not entitled to recover costs.

Damages

Plaintiff claimed $20 million in lost profits and out of pocket costs.

Result

Bench decision for the defense.

Other Information

The parties mediated before Robert J. Kaplan in San Diego. The mediation was not successful. FILING DATE: Oct. 19, 2009.


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