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Contracts
Breach of Contract
Failure to Pay

AT&T Corp. v. City of San Francisco, Department of Public Health

Published: Feb. 9, 2018 | Result Date: Nov. 28, 2017 |

Case number: CGC-16-555047 Settlement –  $498,000

Judge

Harold E. Kahn

Court

San Francisco County Superior Court


Attorneys

Plaintiff

Chad A. Westfall
(Musick, Peeler & Garrett LLP)


Defendant

Dennis J. Herrera
(San Francisco Public Utilities Commission)

Theresa L. Mueller
(Office of the San Francisco City Attorney)

Louise S. Simpson
(Office of the San Francisco City Attorney)


Facts

AT&T designed a wireless Medical Grade Network in a building at Zuckerberg San Francisco General Hospital and Trauma Center. Plaintiff filed suit against the City of San Francisco in relation to payment for the network installation.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff claimed breach of contract. Specifically, plaintiff alleged it was owed payments for work performed during one of the phases of the network installation. It was further argued that the city never rejected work done by the plaintiffs.

DEFENDANTS' CONTENTIONS: The city's initial answer denied AT&T's allegations generally, or that AT&T was damaged by the city's actions or inaction. Many defenses were put affirmatively forth by defendants, including estoppel, laches, assumption of risk, and failure to state a claim.

Damages

Plaintiff's first amended complaint contended it was owed $713,320.

Result

A settlement in the amount of $498,000 was authorized by the City and County of San Francisco. Per terms of the settlement, the city reserved rights to make future claims against AT&T for latent defects.


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