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Contracts
Breach of Contract
Construction

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

David S. Milton

Court

L.A. Superior Pomona


Attorneys

Plaintiff

Frank W. Molloy

John Logan Hunter


Defendant

Richard B. Andrade

Frank A. Satalino


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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