Zurn Constructors Inc., dba Advanco Constructors v. Castaic Lake Water Agency
Published: Sep. 13, 2001 | Result Date: Jun. 27, 2001 | Filing Date: Jan. 1, 1900 |Case number: PC018110W Verdict – $6,198,160
Judge
Court
L.A. Superior Central West
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
James G. Robertson
(technical)
Henry M. Koffman
(technical)
Craig Sorensen
(technical)
Defendant
Bryan Forbes
(technical)
Gordon Culp
(technical)
Joseph Seibold
(technical)
Michael S. Coleman
(technical)
Douglas Mair
(technical)
Facts
Plaintiff Zurn entered into a publicly bid contract with defendant CLWA to construct 36 MGD water treatment
plant, conservation garden and administration building in Santa Clarita at a price of $34.5 million. Prior to
entering into the contract, CLWA hired an engineering firm to design the project and also to serve as
construction manager for the project. Construction began in January 1992. Although the project was originally
scheduled to be completed by January 1994, it was not complete until February 1996.
At the conclusion of the project, Zurn submitted a Request for Equitable Adjustment
seeking compensation for its contract balance, unpaid contract retention, subcontractor claims,
and delay damages. CLWA denied the Request for Equitable Adjustment and assessed
liquidated damages against Zurn in the sum of $6.4 million.
Settlement Discussions
Zurn made a settlement demand of $4.7 million. CLWA made a settlement offer of $1 million.
Damages
At trial, Zurn sought damages for $6.5 million, based on its unpaid contract retention and balance, extra work costs, delay damages and prejudgment interest. CLWA sought liquidated damages for $3.8 million for delays in the projectÆs completion.
Deliberation
5.5 weeks
Poll
12-0
Length
six weeks
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