D.G. Mechanical Inc. v. Rainbow Disposal Company, et al.
Published: Oct. 22, 1994 | Result Date: Oct. 4, 1994 | Filing Date: Jan. 1, 1900 |Case number: N60831 – $81,545
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Kenneth S. Grossbart
(Abdulaziz Grossbart & Rudman)
Defendant
Experts
Plaintiff
Gary Schones
(technical)
Facts
In December of 1992, Plaintiff D.G. Mechanical and Defendant Rainbow Disposal Company entered into a construction contract which called for D.G. to install new utilities for 55 mobile home units in Escondido. The contract called for D.G. to perform trenching throughout the entire 55 units and then to trench 55 laterals in which new utilities would be installed. The contract between D.G. and Rainbow contained a "rock clause" which called for D.G. to receive extra money if conditions were met that were beyond normal trenching conditions. On the first day of trenching, Plaintiffs determined that the trenching conditions were not normal and that decomposed granite was below the surface of the mobile home park and caused the trenching conditions to go extremely slow. D.G. instituted the "rock clause" and proposed to Rainbow a method upon which extras would be charged. When Defendant stopped signing Plaintiff's extra change orders, the Plaintiff shut the job down until the situation was resolved. Plaintiff was never allowed to return to the job site and Defendant hired a replacement contractor to complete the work.
Settlement Discussions
Plaintiff contends that offers and demands were not exchanged prior to this verdict.
Damages
$64,000 in extras and contract damages. (Damages were calculated upon trenching of linear footage not dug. Footage not dug on any given day would be multiplied times a dollar figure of which the Plaintiff/Defendant attempted mutual agreement.)
Deliberation
3 hours
Poll
10-2
Length
6 days
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