Lewis and Nadell Construction Inc. v. Hilda Lai, aka Hsin-Meow-Law, Lai Family Trust
Published: Jul. 13, 2004 | Result Date: Dec. 15, 2003 | Filing Date: Jan. 1, 1900 |Case number: 407610 Bench Decision – $57,800
Facts
The plaintiff and the defendants entered into a construction contract for a project involving creation of an underground garage for an apartment building in downtown San Francisco. During construction, there were some changes to the original architectural and engineering plans for the foundation. There was also shoring due to unforeseen soil conditions. Those changes caused minor reductions in the garage's width and reduced the project's total cost. The defendants agreed to those changes. After the plaintiff fulfilled all items in the contract, it requested progress payments and final agreed-upon retention payment from the defendants. The defendants refused to pay.
Damages
The plaintiff filed a mechanics lien against the defendants' property. It sought to recover the full retention and progress payments owed for completed work. The defendants cross complained for breach of fiduciary duty and fraudulent and negligent representation.
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