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Construction
Construction Contract
Changed Conditions

Miramontes Construction Company v. Parker/Wesco Builders, Safeco Insurance, et al.

Published: Feb. 26, 2011 | Result Date: Jan. 3, 2011 | Filing Date: Jan. 1, 1900 |

Case number: BC400396 Settlement –  $462,500

Court

JAMS


Attorneys

Plaintiff

Robert C. Lindkvist
(Law Offices of David L. Brault)

David L. Brault
(Law Offices of David L. Brault)


Defendant

John J. Immordino

Todd E. Whitman

J. Michael Summerour


Facts

Miramontes Construction Company was an underground utility subcontractor to Parker/Wesco Builders on the Magnolia on Lake project. The project was a low-income housing development in Los Angeles located at 201 S. Lake Street, Los Angeles 90057.

Miramontes alleged that it encountered numerous changed conditions while performing its work, causing it to perform extra work. Parker/Wesco refused to pay for the extra work and Miramonte filed suit.

Contentions

PLAINTIFF'S CONTENTIONS:
Miramontes contended the value of the extra work it performed as a result of the changed conditions was $309,000.00. Parker/Wesco disagreed. It contended the value of the extra work was between $180,000-240,000. Parker/Wesco refused to pay any money.

Settlement Discussions

Miramontes made a CCP 998 demand for $425,000 in September 2010. It was not accepted. Defendants offered $375,000 prior to the mediation.

Result

The defendants collectively paid Miramontes Construction $462,500.

Other Information

FILING DATE: Oct. 21, 2008.


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