Nick Pecoraro Painting and Decorating Inc. v. PCL Construction Services Inc., Fidelity and Deposit Co. of Maryland, Seaboard Surety Co.
Published: Aug. 10, 2004 | Result Date: Jan. 7, 2004 | Filing Date: Jan. 1, 1900 |Case number: SC074509 Verdict – $115,462
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Facts
Nick Pecoraro Painting and Decorating Inc., San Diego, entered into a subcontract with general contractor PCL Construction Services Inc. of Denver to provide painting services at a condominium project in the Brentwood neighborhood of Los Angeles on June 14, 2000. In or around August 2002, Pecoraro considered its subcontract complete. However, PCL continued to ask for additional painting services at the request of the project owners. Pecoraro refused, ceased work in September 2002, and demanded payment of the contract balance plus compensation for extra services performed at the request of PCL. PCL refused to pay the contract balance or the additional compensation.
Damages
Pecoraro claimed damages of about $68,000 for the balance of the contract and about $33,000 for the extra work it performed, plus prejudgment interest, costs and attorney fees. PCL claimed in its cross-complaint that the delays caused by Pecoraro and the cost of hiring a replacement amounted to approximately $350,000.
Other Information
After a bench trial, Judge James Bascue found for Pecoraro and awarded him $115,462 on the complaint. On the cross-complaint, Judge Bascue also found for Pecoraro. On post-judgment motion, Pecoraro was awarded $150,914 in attorney fees and $9,269 in costs.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390