Facts

Plaintiff Santillan Earthmovers Inc., a general engineering contractor, worked on a project, the Overlook Shopping Center in Watsonville. Santillan worked on the project with defendant Cinecon Group Inc., a general contractor specializing in the construction of commercial projects. Santillan filed suit against Cinecon; Cinecon filed a cross-complaint.

PLAINTIFF'S CONTENTIONS:
Santillan argued that it stopped work on all projects with Cinecon after it demanded $1,113,000 for stand-by charges for equipment left parked on sites in Chico and Redding. Santillan argued that it was still owed that money.

DEFENDANT'S CONTENTIONS:
Cinecon argued that it had to repair and complete Santillan's work on the Watsonville project.

Damages

Santillan claimed $1,000,000 for stand-by charges. Cinecon sought $200,000 in damages related to repair work.

Result

The court found Santillan was entitled to progress payments of $61,667, retention amounts of $49,913, and money from an unpaid Santa Rose project for $13,600, for a total of $125,180. The court also found that Cinecon was owed $334,889 because Santillan did not finish work on the Watsonville project. Thus, Cinecon was awarded a net judgment of $209,709. In its statement of decision, the court determined that each side should bear its own attorney fees and costs.

Other Information

FILING DATE: Jan. 18, 2007.