RGW Construction Inc. v. Oakley Union Elementary School District
Published: Feb. 10, 2004 | Result Date: Mar. 3, 2003 | Filing Date: Jan. 1, 1900 |Case number: C0101402 Verdict – $197,932
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
James E. Sell
(Tyson & Mendes LLP)
Defendant
Experts
Plaintiff
Ronald L. Hoffman
(technical)
Richard Norman
(technical)
Jack Estill
(technical)
Defendant
Mark Briner
(technical)
Douglas B. Flett
(technical)
Facts
The plaintiff RGW Construction entered into a grading and site improvement contract with defendant Oakley Union Elementary School District in relation to the construction of a middle school. In December 2000, the plaintiff completed its work and demanded its $197,000 retention. The defendant refused to release any part of the retention claiming the defendant had not completed the contract and had caused it to incur approximately $231,000 in off-sets or damages.
Settlement Discussions
The plaintiff demanded $290,000. The defendant offered $44,000.
Damages
The plaintiff sought to recover the $197,000 held back pending satisfactory completion of its contract with the defendant. Included in the defendant's claimed damages was about $115,000 for delay and acceleration damages.
Other Information
The judge struck the defendant's delay and acceleration claims. The jury awarded the plaintiff $197,000 gross and the court added interest and costs bring the total recovery to approximately $300,000.
Deliberation
1.5 days
Poll
none
Length
two weeks
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