Facts

In 2005, Valley Commercial Contractors LLP agreed to build a 125-unit luxury apartment building called the Windsor Apartments, for Windsor Walnut Creek Apartments LLC and Windsor Capital Group Inc. After the agreement setbacks such as, delays in permitting, unfinished design work and changes to the project occurred.

In 2008, the parties decided on a new date for completion of the building, along with an updated timetable for payments. However, by June 2008, Windsor delivered a "Stop Work Notice" to Valley, which took Valley off of the project entirely. Windsor then continued the project until its completion with a different company. Valley filed suit against Windsor Capital and Windsor Walnut Creek Apartments LLC.

Windsor filed a cross-complaint.

PLAINTIFF'S CONTENTIONS:
Valley alleged Windsor breached their agreement. Valley argued a delay in construction occurred because of Windsor's numerous changes to the incomplete construction design, which included 470 information requests and 85 supplemental instructions. Further, Valley argued that Windsor's project director agreed to a contract amendment, which set forth an updated payment plan, but Windsor never made one payment on it, breaching the agreement.

DEFENDANTS' CONTENTIONS:
Windsor claimed plaintiff breached their agreement in the cross-complaint, and caused construction defects and delays.

Settlement Discussions

Windsor demanded $3.995 million for the alleged defects and delays, and offered $0 to Valley on its claims. Valley offered $425,001, and to dismiss its claims to Windsor under CCP section 998, and demanded $299,000 from Tarigo under CCP section 998.

Damages

Valley requested $840,000 due to breach of contract and $1,028,763 in quantum meruit. Windsor sought $6 million based on breach of contract, and construction defects and delays.

Result

The jury awarded Valley $840,000 for breach of contract and $1,028,763 in quantum meruit, jointly against Windsor Walnut Creek Apartments, LLC, and Windsor Capitol Group, Inc. The jury awarded $0 to Windsor Walnut Creek Apartments, LLC on its claims against Valley.

Deliberation

13 hours

Poll

12-0

Length

39 days