Facts

Merino and Chaffey entered into a contract whereby Merino agreed to design ADA (Americans with Disabilities Act) upgrades & HVAC upgrades to numerous campus buildings for 13.5 percent of the cost of the upgrades. Merino's drawings were completed and approved by the Department of State Architect. When Chaffey sent the project out for a construction bid, the winning bid was for $2,126,700. However, Chaffey used a deductive alternative formula for the first time, which was not approved by the DSA, and selected only one part of the project to be constructed. Therefore, the project was not built by Chaffey in accordance with the DSA approved plans. Chaffey only paid Merino 13.5 percent of the $753,000 contract with the contractor.

PLAINTIFF'S CONTENTIONS:
Merino claimed entitlement to 13.5 percent of the entire accepted bid of $2,126,700, which amounted to $287,104.50. Merino claimed Chaffey never told him prior to completion of all of the plans that Chaffey intended to only award a contract on a portion of the accepted bid. Merino did all the plans for the ADA/HVAC upgrades for approximately seven buildings at Chaffey, and obtained DSA approval of those plans. Chaffey could not have obtained any bids without all of the plans.

DEFENDANT'S CONTENTIONS:
Chaffey contended that it was only required to pay Merino 13.5 percent of the amount of the construction contract awarded, or $93,250, and that Merino had been fully paid.

Other Information

As part of the settlement, Merino has been substituted out as architect of record for the project. ________________ ________________ PLEASE PROVIDE THE FIRST NAME OF THE JUDGE ____________ COLE.