This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Construction
Breach of Contract
Payment of Fees

Sierra Pacific Landscapping v. Davcon Development

Published: Aug. 8, 2009 | Result Date: Jul. 20, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 30-2008-00109726 Bench Decision –  $131,193

Court

Orange Superior


Attorneys

Plaintiff

David L. Brault
(Law Offices of David L. Brault)


Defendant

Jeffrey B. Gardner
(Barry Gardner & Kincannon APC)


Facts

Sierra Pacific Landscapping contracted with Davcon Development Inc. to landscape a strip mall located in Temecula. Davcon owned and developed the property. The contract contained an attorney fees provision.

The original contract amount was $210,475. The price was increased though a series of agreed upon change orders to $262,168. Davcon paid Sierra Pacific $185,639, leaving a balance due of $76,529.

Result

The court awarded the principal amount of $76,529, statutory penalties, costs and attorney fees raising the total judgment to $131,193.

Other Information

FILING DATE: July 24, 2008.


#116258

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390