AKM Consulting Engineers, Inc. v. City of Huntington Beach, et al
Published: Jul. 17, 2020 | Result Date: Jun. 11, 2019 | Filing Date: Feb. 10, 2017 |Case number: 30-2017-00902740-CU-BC-CJC Verdict – $276,000
Judge
Court
Orange County Superior Court
Attorneys
Plaintiff
Vassil R. Mitzev
(Ferruzzo & Ferruzzo, LLP)
Defendant
Brian L. Williams
(Greenberg Gross LLP)
for City of Huntington Beach
James Michael Grimm
(Monteleone & McCrory)
for Vido Atrukovich and Sons, Inc. and Mark Artukovich
Jemma E. Dunn
(Greenberg Gross LLP)
for City of Huntington Beach
Facts
Plaintiff AKM Consulting Engineers Inc. filed suit against defendants alleging several causes of action stemming from a contractual dispute involving the construction of the Trinidad sewer lift station.
The City of Huntington Beach hired defendant Vido Artukovich and Sons, Inc. as a general contractor to construct the sewer lift station.
Plaintiff AKM Consulting Engineers was hired by the City to serve as the construction manager for the multi-million dollar project.
From the outset of the project, however, it became clear that AKM and Vido Artukovich and Sons could not work together effectively on this project. The City exhausted considerable effort, time and resources into attempting to mediate the deteriorating jobsite relationship between the two companies. At one point, Principles from AKM and Vido Artukovich got into a heated argument within a small construction trailer wherein the parties had to be physically separated.
The City made multiple attempts to rectify the situation in a manner that would allow both companies to remain on the project. When this could not be accomplished, the City elected to terminate AKM's role as the construction manager.
Plaintiff thus filed suit against the City for breach of contract, and against Vido Artukovich and Sons for inducing breach of contract and intentional interference with contractual relations.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that the City unlawfully breached its contract with AKM and that it at all times performed its services as construction manager properly.
AKM also blamed Vido Artukovich and Sons for the City's decision, claiming improper interference/inducement.
DEFENDANT'S CONTENTIONS: The City believed it properly exercised the termination provision within its contract with AKM.
Vido Artukovich and Sons denied all wrongdoing.
Settlement Discussions
Settlement discussions took place before trial, but never resulted in a settlement due to the 7-figure expectations of plaintiff.
Damages
Plaintiff claimed extensive monetary damages stemming not only from the revenue lost on the Trinidad Lift Station Project, but also damages to its reputation and future earnings capabilities. Plaintiff hired an economist who calculated damages of nearly $10 million, however several rulings were made during trial as to the admissibility of those calculations. The ultimate damages request to the jury, however, still exceeded $1 million.
Result
The jury found for plaintiff in the total amount of $276,000. The jury awarded $155,000 against defendants Vido Artukovich and Sons and Mark Artukovich. The jury awarded $121,000 against the City of Huntington Beach
Deliberation
three days
Length
five weeks
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