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Contracts
Breach of Contract

B&D Construction v. 14311 Ventura LLC

Published: Dec. 1, 2023 | Result Date: Oct. 12, 2023 | Filing Date: Jul. 11, 2019 |

Case number: 19VECV00980 Settlement –  $250,000

Judge

Valerie Salkin

Court

Los Angeles County Superior Court


Attorneys

Cross-Complainant

Ali Salamirad
(SMTD Law LLP)


Cross-Defendant

Robert F. Schauer
(Law Offices of Robert F. Schauer)


Facts

This case arose from an agreement between contractor B&D Construction and the developer of the Whole Foods in Sherman Oaks for removing contaminated soils.

Contractor alleged to be owed additional compensation when contaminated soils exceeded the initial project estimates.

Developer alleged that the contractor failed to prove that additional contaminated soils were removed.

After Contractor rested its case, Developer filed a motion to dismiss based on alleged violations of the Contractor License Laws and a failure to prove a material breach of a construction contract.

Injuries

Contractor sought in excess of $1,500,000 for its unpaid invoices, prompt payment penalties, attorneys fees and costs.

Result

On the second to last day of a two-week bench trial, the parties agreed to resolve the dispute with a payment of $250,000 from the developer to the contractor.

Length

8 days


#142264

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