S&S Cummins Corp. v. WestBay Builders Inc.
Published: Jun. 3, 2006 | Result Date: Oct. 5, 2005 | Filing Date: Jan. 1, 1900 |Case number: VG03082006 Verdict – $276,668
Facts
Defendant West Bay Builders Inc. entered into a contract with Pleasanton Unified School District in 1999. Pursuant to the written contract, West Bay planned to construct an elementary school. Pursuant to a subcontract agreement between West Bay and Plaintiff S&S Cummins Corp., S&S would complete the electrical work on the school project. West Bay would pay S&S $1,279,150 plus compensation for approved changes. The final amount after such changes came to $1,315,216.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that its ability to perform its obligations under the contract was delayed because of the defendant. The plaintiff completed its duties under the contract in April 2001. The plaintiff has been unsuccessful in its attempts to collect payment from the defendant.
Damages
The plaintiff sought $145,674 in interest, costs and attorney fees.
Result
$276,668.
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