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.

Contracts
Breach of Contract
Intentional Torts

Sprotte + Watson Architecture & Planning Inc. v. The Santee School District, William Clark

Published: Mar. 26, 2011 | Result Date: Nov. 24, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 37-2009-00083936-CU-CO-CTL Verdict –  $834,161

Court

San Diego Superior


Attorneys

Plaintiff

Thomas W. Byron
(Byron & Edwards APC)

Douglas C. Reinbold


Defendant

Davide Golia

Nowell A. Lantz


Experts

Plaintiff

Larry Sillman
(technical)

Tony Yip
(technical)

Defendant

Stan Bezue
(technical)

Facts

In November 2006, Sprotte + Watson Architecture & Planning Inc. entered into a contract with the Santee School District to provide design services for construction projects at nine schools in the District. The District terminated Sprotte on Sept. 4, 2008.

Sprotte filed suit against the District, alleging breach of contract and bad faith termination. The firm also filed suit against the former assistant superintendent, alleging multiple intentional torts. The District filed a cross claim, alleging negligence, breach of contract and violations of the California False Claims Act.

Contentions

PLAINTIFF'S CONTENTIONS:
Sprotte contended that the District breached fee provisions and failed to pay the company for contractual work and additional services from November 2007 to November 2009. It further contended that the District wrongfully withheld payments.

DEFENDANT'S CONTENTIONS:
The District contended that Sprotte failed to perform the work, and sought payment for work not actually performed. It further claimed Sprotte's work fell below the industry standard and that it violated Government Code Section 1256.

Damages

Sprotte sought over $1 million for performed work, as well as another approximate $1 million in lost profits. Sprotte also sought an additional $1 million in tort damages from the former superintendent. The District sought in excess of $2 million in damages.

Result

The jury found for Sprotte, awarding it $834,161 for breach of contract and additional services provided. The jury also found for the District on its negligence claim, awarding it $371,314. The claims of bad faith against the District and for tort damages against the former superintendent were dismissed as part of a motion for non-suit.

Deliberation

1.5 days

Poll

10-2

Length

19 days


#108063

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

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