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Contracts
Breach of Contract
Public Works

RGW Construction Inc. v. California Department of Transportation

Published: Jun. 7, 2001 | Result Date: Mar. 21, 2001 | Filing Date: Jan. 1, 1900 |

Case number: A000699 Arbitration –  $3,824,800

Court

Case Not Filed


Attorneys

Claimant

Robert L. Leslie


Respondent

Daniel A. Near


Experts

Claimant

William W. Palmer
(Palmer Law Group PLC) (technical)

Respondent

Gary Garofalo
(technical)

Douglas Rapp
(technical)

Thomas O. Perry
(technical)

Facts

In 1994, the defendant, Caltrans, contracted with the plaintiff to construct approximately four miles of State
Highway 99 near Livingston for approximately $24 million. The plaintiff undertook construction of the
highway.
The plaintiff maintained that the defendant provided plaintiff with erroneous estimates of the amount of
material to be used and that the plaintiff encountered differing site conditions. The plaintiff also contended that
the defendant delayed the work it performed on the project.
The defendant contended that the plaintiff was responsible for any erroneous estimates, that there were no
differing site conditions, and the defendant had no legal liability for the delay damages.

Other Information

<A>An arbitration held before retired judge Robert F. Kane resulted in the reported award. A petition to confirm the award was filed in California Supreme Court, San Mateo County. The state did not respond and default was entered.</A>


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