Murray Painters & Decorators, Inc. v. Roebbelen Engineering, et al.
Published: Jan. 7, 1995 | Result Date: Oct. 20, 1994 | Filing Date: Jan. 1, 1900 |Case number: 298540 – $108,000
Judge
Court
Stanislaus Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jim Weidinger
(technical)
Glenn Bosarge
(technical)
Defendant
Ken Roebbelen
(technical)
Richard Gangitano
(technical)
Facts
This case was an outgrowth of a construction project at R.J. Johansen High School in Modesto. On January 6, 1991, Plaintiff subcontractor and Defendant general contractor entered into a contract. Plaintiff Murray Painters & Decorators, Inc., was the painting subcontractor and Defendant Roebbelen Engineering was the general contractor. Plaintiff claimed that it performed substantial extra work for which Defendant contractor refused payment. After working on the project for many months (spring 1991 to summer 1993) without being paid for that extra work, Plaintiff left the job.
Settlement Discussions
Plaintiff contends that they demanded $100,000 with an indication that it would take less before trial. Plaintiff further contends that Defendant demanded $68,000 (on its cross-complaint) at the last settlement conference and that Defendant made a final offer of mutual release without any payment.
Damages
Approximately $125,000 for extra work.
Other Information
After trial and before the hearing on Defendant's Motion for New Trial and Judgment NOV, the case settled for $150,000 paid by Defendant general contractor.
Deliberation
1 day
Poll
12-0 breach, 12-0 substantial, 9-3 amount of damages
Length
10 days
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