Delta Pacific Builders v. Gifford Construction, et al.
Published: Aug. 22, 1998 | Result Date: Jun. 5, 1998 | Filing Date: Jan. 1, 1900 |Case number: 131355 Verdict – $0
Judge
Court
Shasta Superior
Attorneys
Plaintiff
Michael F. Long
(Watkins & Letofsky, LLP)
Defendant
Michele R. Stafford
(Saltzman & Johnson Law Corp.)
Experts
Plaintiff
Geoffrey Hichborn
(technical)
Defendant
Charles Fries
(technical)
Facts
The plaintiff alleged defendants Gifford Construction, Baker-Gifford Joint Venture and W. Jaxon Baker wrongfully withheld $72,000 in retention money owed to the plaintiff as a bargaining tool to negotiate repairs for which the defendants had reportedly agreed to reimburse the plaintiff when repairs were effected to a metallic floor topping installed by the plaintiff. Cross-complainant Master Builders alleged that Muse Concrete negligently prepared a concrete slab on which the metallic floor topping was to be installed and that Gifford Construction failed to supervise the original construction of the slab installed by Muse Concrete, which led to the delamination of the metallic floor topping. The plaintiff brought this action against the defendants based on a breach of contract theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $85,000. The defendants made an offer of compromise for $42,500, per defendants, and $30,000 per plaintiff.
Damages
The plaintiff sought $73,161.73 (paid six months after the lawsuit filed) and the cost of repairing the topping slab of $123,000, later increased to $141,990.
Other Information
POST-TRIAL MOTIONS: The plaintiff's motion for a new trial and for judgment notwithstanding the verdict are pending.
Deliberation
four hours
Length
14 days
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