Confidential
Settlement – $83,500Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Eric Z. Fruchtman
(technical)
Facts
The plaintiff performed landscape and irrigation work at two transportation substations. The plaintiff alleged that it completed 80 to 85 percent of the work and that it was not paid by the defendant owner for the work. The defendant became insolvent and its bonding company, defendant bonding company, denied liability and alleged that the work was not 85 percent complete; the work was defective; and the plaintiff caused delay and other damages in excess of any amount claimed owed to the plaintiff. The defendant owner also claimed that the plaintiff caused delays in the project's completion and failed to perform its work according to the plans and specifications. The plaintiff brought this action based on breach of contract theories of recovery.
Settlement Discussions
The case settled at trial, the plaintiff made a $178,000 settlement demand which was reduced to $83,500. The defendants made a $5,000 settlement offer which was increased to $70,000.
Damages
$178,000 (breach of contract including actual damages, interest, statutory penalties, and attorneys fees) were claimed by the plaintiff.
Other Information
The settlement was reached approximately two years and eleven months after the case was filed.
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