This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Breach of Contract
Specific Performance
Quantum Meruit

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

James Barakatt

Court

Stanislaus Superior


Attorneys

Plaintiff

Clinton A. Johnson


Defendant

David A. Riegels


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


#104959

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390