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Contracts
Breach of Contract
Failure to Pay

R.C. Construction Services Inc. v. City of Rialto

Published: Mar. 1, 2014 | Result Date: Dec. 9, 2013 | Filing Date: Jan. 1, 1900 |

Case number: CIVDS 1211786 Verdict –  $152,051

Court

San Bernardino Superior


Attorneys

Plaintiff

Mark S. Lester

Matthew J. Kraus


Defendant

Jimmy L. Gutierrez


Experts

Plaintiff

Bryan Forbes
(technical)

Defendant

Elaine White
(technical)

Facts

Plaintiff R.C. construction Services Inc. was awarded a public works construction contract with the City of Rialto for the Fergusson Park Project including the construction of two football fields, bleachers, a skate park, green areas, and parking areas.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the City of Rialto breached the contract by failing to pay for additional overhead and costs incurred by plaintiff due to multiple delays caused by the city. Plaintiffs estimated the total project value to be approximately $6 million.

DEFENDANT'S CONTENTIONS:
The City of Rialto contended that the delays were not due its actions, and even if they were, there was no resultant impact on the critical path of the construction so that no delay damages were allowable.

Result

Plaintiff's verdict for $152,051. Plaintiff recovered an additional $28,041 in costs and expert witness fees.

Other Information

FILING DATE: Nov. 13, 2012.

Deliberation

four hours

Poll

12-0 (breach of contract), 10-2 (damages)

Length

seven days


#104285

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