Contra Costa Electric v. Roebbelen Construction
Published: Mar. 5, 1998 | Result Date: Jan. 7, 1998 |Case number: C9500142 Verdict – $743,198
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Facts
In 1992, the East Bay Municipal Utility District (EBMUD) awarded the construction contract of the Chevron water reclamation plant in Richmond to Roebbelen Construction. Roebbelen retained Contra Costa Electric as the electrical subcontractor. Completion of the job was delayed 10 months. EBMUD granted 71 days of time extensions for excusable delays and deducted $904,000 for the remaining days of delay from Roebbelen. Contra Costa Electric filed this action to enforce a stop notice in 1995, because it had not been paid for work done. Roebbelen filed a cross-complaint for $8 million against EBMUD for delay damages. EBMUD filed a cross-complaint against Roebbelen for breach of contract, and in 1997, filed causes of action against Roebbelen for fraud. Per EBMUD, in 1996, Roebbelen and Contra Costa Electric entered into a claims prosecution agreement releasing each other from claims, and providing that Contra Costa would only collect from Roebbelen for the damages prayed for in the complaint if Roebbelen recovered those damages from EBMUD on its cross-complaint.
Settlement Discussions
According to plaintiff, it made a settlement demand for $600,000 and defendants made an offer of $325,000. Per cross-defendant EBMUD, it made a C.C.P. º998 settlement demand for $440,000 to defendant Roebbelen.
Damages
The plaintiff reported it claimed $850,000 in damages. Cross-defendant EBMUD reported that plaintiff claimed $743,198 in damages for which defendant Roebbelen stipulated to judgment because Roebbelen claimed damages should be "passed through" to EBMUD via Roebbelen's cross-complaint. Also per EBMUD, Roebbelen sought $3,844,754 on its cross-complaint against EBMUD. Cross-defendant EBMUD sought to retain the $904,000 of liquidated damages as well as other miscellaneous deductions of $228,808 deducted under the contract.
Other Information
The verdict was reached approximately three years after the case was filed. MEDIATION: A mediation was held on Sept. 10, 1996, before Randy Wulff, Esq., and Michael B. Shane, Esq., resulting in no settlement.
Deliberation
varied reports: three hours to one day
Poll
12-0
Length
varied reports: 17-24 days
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