Superior Gunite v. Pinnacle Concrete Construction
Published: Dec. 10, 2002 | Result Date: Nov. 1, 2002 | Filing Date: Jan. 1, 1900 |Case number: KC028551 Bench Decision – $980,232
Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jerry Pixley
(technical)
Craig Sorensen
(technical)
Thomas Cox
(technical)
Defendant
Patrick G. Cumine
(technical)
A. Marc Goupille
(technical)
Facts
The plaintiff was a subcontractor to Ralph Mitzel Inc. on a $13 million grading and foundation construction project at Diamond Ranch High School in the Pomona Unified School District. The scope of the work included construction of a substantial retaning wall, over 1,000 feet long, and, at some places over 40 feet high. The defendant Ralph Mitzel Inc. directed its grading operation such that it interfered with the sequence of the wall's construction. The plaintiff, Superior Gunite, asserted causes of action for breach of contract and negligence.
Settlement Discussions
The defendant submitted a C.C.P. Section 998 offer of $100,000. The plaintiff's C.C.P. Section 98 demand was $345,000. Mediation was unsuccessful.
Damages
The plaintiff sought damages incurred for a false start for $4,015; $406,161 for labor overrun; $137,512 for field general conditions; $98,919 for home office overhead
Other Information
The defendant has filed a motion to appeal.
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