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
Defendant
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
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