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Breach of Contract
Construction Contract
Delay

Heritage Engineering Construction, Inc. v. City of Industry

Published: Mar. 15, 1997 | Result Date: Sep. 18, 1996 | Filing Date: Jan. 1, 1900 |

Case number: KC017115 –  $48,000

Judge

Roy L. Norman

Court

L.A. Superior Pomona


Attorneys

Plaintiff

John A. Balistreri


Defendant

Jean H. Cihigoyenetche


Facts

In June of 1992, plaintiff Heritage Engineering Construction contracted with the defendant City of Industry to construct a bridge and make roadway improvements. The plaintiff contended that it was delayed in completing its work because of interference by the defendant and because of defective plans. The defendant contended that the plaintiff had prepared an unreasonable schedule that was never approved by the defendant, resulting in the delays. The defendants also contended that the plaintiff's damage calculations were incorrect and exaggerated. The plaintiff brought this action against the defendant based on breach of contract theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $467,000. The defendant made a C.C.P. º998 offer of compromise for $65,000 (per the defendant).

Damages

According to the defendant, the plaintiff claimed damages in the amount of $317,000 for cost and loss of profits.

Other Information

The verdict was reached approximately two years and two months after the case was filed.

Deliberation

1+ days

Poll

9-3

Length

13 days


#79264

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