Facts

Jones Memorial United Methodist Church was a California non-profit corporation that existed for religious, charitable, and educational purposes. Jones Memorial entered into a contract with Don Todd Associates Inc. to provide construction management services for the construction of a new building. Jones entered into another agreement with a construction company for the construction of the project. The contract price was $5,352,567.

Jones Memorial later sued the construction company and Don Todd Associates.

PLAINTIFF'S CONTENTIONS:
Jones Memorial argued that the defendants breached their contracts by failing to perform numerous duties and obligations under those contracts. They allowed numerous defects to exist in the development workmanship, repairs, materials, and construction of the project. These defects included defective windows and inadequate roofing. They also asserted causes of action for breach of implied warranty of merchantability, breach of implied warranty of fitness, and negligent construction and supervision.

Result

The parties settled for $1.9 million.