Facts

T&R Painting and Drywall (T&R) entered into a contract with Canv Construction Company Inc. to perform painting and drywall services for a multi-unit apartment complex identified as "Springville Seniors" located in Camarillo. T&R was terminated in September 2018 before they finished their work. Canv had hired another drywall company, JCOR, to supplement T&R's work during the project and later hired them to replace T&R. Canv then backcharged T&R for having to supplement its work and also for the cost that they paid another contractor, Lucy Development, to replace an allegedly defective 2-hour firewall. T&R filed a foreclosure of mechanic's lien and breach of contract action against Canv.

Canv filed a cross-complaint for breach of contract against T&R and negligence against T&R. T&R filed a cross-complaint for indemnity against JCOR.

PLAINTIFF'S CONTENTIONS: T&R claimed that it was wrongfully terminated from the project and that it was owed over $300,000 for work it had performed and not been paid for. T&R also claimed that while it did not install the 2 hour fire wall per the plans, it was instructed to deviate from the plans by Canv's superintendent.

DEFENDANT'S CONTENTIONS: Canv claimed that T&R did not provide enough manpower, were behind on their work and were responsible for backcharges to hire JCOR. Canv also claimed that T&R did not comply with the plans and specifications in building a 2-hour fire wall.

Insurer

Travelers Insurance Company

Settlement Discussions

T&R made a pre-trial 998 offer of $701,000.00 to Canv. Canv did not accept the 998.

Damages

Canv claimed damages of approximately $360,000.00

Result

Defense verdict on cross-complaint; award of $297,415 on affirmative claims

Deliberation

three hours

Length

five days