Facts

Cosco Fire Protection Inc. was hired as a subcontractor for a motel renovation in San Diego. Following the completion of the project, Cosco filed a complaint against Siry Investments L.P. and Moe Siry (collectively, Defendants) for approximately $51,000 in unpaid fees.

Defendants filed a cross-complaint against Cosco, then sued DCI and Salehi, as well as the architect, the civil engineer, and an elevator company, alleging that defendants all provided substandard services, which resulted in the project delays and damages.

DEFENDANTS' CONTENTIONS:
DCI and Salehi contended that plaintiffs and their construction superintendents were inept, failed to prepare and provide construction schedules, failed to coordinate the project drawings, and repeatedly made arbitrary changes to the design of the project before and during construction, and had ignored the requirements of the Centre City Development Corporation permit, which mandated that the property be designed, constructed and eventually operated as both a hotel and apartment building. Salehi also contended that plaintiffs had misrepresented the scope of the project to Salehi in order to obtain a lower flat fee on the design contract.

Settlement Discussions

Prior to trial, plaintiff settled with the architect and two other defendants. The case proceeded against defendants DCI, Cosco, and Salehi & Salehi.

Damages

Cosco sought approximately $51,000 in unpaid extra work. Defendants and Columbia claimed $4.3 million in damages in its cross-complaint.

Result

The jury awarded Cosco $51,325 in damages for unpaid fees. Salehi, DCI and Cosco all prevailed by unanimous jury verdicts on all counts.

Other Information

INSURER: Lexington Insurance Company for D'Amato.

Deliberation

seven hours

Poll

unanimous verdicts, except for a single vote on an issue relating to the third party beneficiary contract between DCI & the architect.

Length

25 days