This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

May 17, 1997

Construction
Breach of Contract
Performance Bond

Confidential

Settlement –  $50,000

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Wayne K. Lemieux


Defendant

James R. Evans


Facts

The plaintiff, a municipal water district, entered into an agreement with the defendant developer for the construction of a tank and pump station. The defendant developer obtained, and the defendant surety provided, a performance bond with the defendant district listed as an obligee. When the developer defaulted in completion and abandoned the project prior to completion, the district stepped in and completed the project at its own expense. The district sought compensation for its expenses under the bond. The plaintiff brought this action against the Surety and the developer defendants based on breach of contract and mechanic's lien theories of recovery. The developer defendants defaulted.

Settlement Discussions

The plaintiff made a settlement demand for $77,000. The defendant made a settlement offer of $20,000.

Damages

The plaintiff claimed an economic loss of $150,000 as a result of completion of construction of the water facilities project.

Other Information

A mediation was held on March 26, 1996 before Glen Buchanan. It did not resolve the matter.


#79504

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390