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.

Contracts
Breach of Contract
Construction Contract/Failure to Pay

B&A Construction v. Lennar Lytle LLC

Published: Jan. 12, 2008 | Result Date: Dec. 1, 2007 | Filing Date: Jan. 1, 1900 |

Case number: CIVSS709067 Settlement –  $425,152

Court

San Bernardino Superior


Attorneys

Plaintiff

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


Facts

B&A Construction is a licensed California contractor that specializes in the installation of underground utilities. On March 16, 2006, B&A Construction entered into a written contract with defendant Lennar Lytle whereby B&A Construction agreed to install underground water improvements at the real property known as the Sycamore Creek Loop Road, located at Interstate 15 and Glen Helen Parkway in San Bernardino. The agreed upon price for the work was $1,847,249. B&A Construction fully performed its work. Lennar Lytle paid all but $426,348 of the contract amount and refused to pay the remainder. B&A Construction recorded a mechanic's lien against the subject property. Lennar Homes of California Inc. posted a bond releasing the mechanic's lien. Safeco Insurance Company of America issued the payment bond and mechanic's lien release bond for this project.

B&A Construction filed suit against Lennar Lytle for breach of contract. It also sued Lennar Homes of California Inc., on the mechanic's lien release bond. Safeco was also sued on a payment bond and mechanic's lien release bond. Lennar Lytle agreed to pay B&A Construction $425,152 shortly after the lawsuit was filed.

Result

The case settled for $425,152.


#117315

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

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