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Breach of Contract
Construction
Failure to Pay

Rainey Construction Co., Inc. v. Long Beach Unified School District, et al.

Published: Feb. 3, 1996 | Result Date: Dec. 15, 1995 | Filing Date: Jan. 1, 1900 |

Case number: BC068556 –  $2,476,590

Court

L.A. Superior Central West


Attorneys

Plaintiff

Lawrence R. Greenberg

Timothy P. Creyaufmiller

Daniel L. Pearson


Defendant

Charlie Curtis

Mark C. Allen III

Steven C. Rice


Experts

Plaintiff

Gale Powell
(technical)

David Culbertson
(technical)

Bruce Kantner
(technical)

Lee Anthony
(technical)

Defendant

George Strong
(technical)

Philip McDowell
(technical)

John Lawson
(technical)

Alex J. Robertson Jr.
(technical)

Facts

In 1989, the plaintiff contractor, Rainey Construction Co., Inc., was on the Hudson School maintenance facility. The plaintiff alleged that it was not paid on the contract and for extra work performed. The plaintiff was delayed on the project by the defendant, Long Beach Unified School District, and its engineer resulting in damages for loss of overhead, loss of business and lost business profits. The plaintiff brought this action against the defendants based on breach of contract and negligent supervision theories of recovery.

Settlement Discussions

The plaintiff filed a C.C.P. º998 demand for $2,500,000. The defendant made a C.C.P. º998 offer of compromise for $400,000.

Damages

Per the plaintiff, the plaintiff claimed $3,100,000 for breach of contract and loss of business. Per the defendant, the plaintiff claimed $3,400,000 in damages.

Other Information

The verdict was reached approximately three years after the case was filed. Motions for a new trial and to vacate the judgment are pending.

Deliberation

54 court days

Poll

10-1

Length

4 months


#78628

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