Con-Quest Contractors, Inc. v. Esquivel Grading & Paving Inc., Fidelity & Deposit Company of Maryland, and Does 1 through 20, inclusive
Published: Oct. 13, 2023 | Result Date: Jun. 27, 2023 | Filing Date: Oct. 27, 2020 |Case number: CGC-20-587321 Settlement – $400,000
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Christopher G. Morrow
(SMTD Law LLP)
Joshua P. Hardy
(SMTD Law LLP)
Defendant
David R. Hobstetter
(Office of the San Francisco City Attorney)
Gregory J. Korbel
(Miller, Morton, Caillat & Nevis LLP)
Facts
Around December 17, 2015, Con-Quest Contractors entered into a written, subcontract with Esquivel Grading & Paving. Pursuant to that contract, Con-Quest would install certain underground utilities for a City of San Francisco public works project: Columbus Avenue Pavement Renovation and Water Main Replacement Project. After Esquivel failed to perform its contractual obligation, Con-Quest filed suit in San Francisco Superior. On April 12, 2022, Esquivel filed a cross-complaint against the City and County of San Francisco.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant breached the contract and failed to pay nearly $950,000, the minimum it was due for the labor, materials, supervision, supplies, equipment, and services furnished.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions.
Result
The case settled: the City will pay Con-Quest $250,000 while Esquivel will pay Con-Quest $150,000.
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