K.C. Equipment Inc. v. City of Escondido
Published: Jul. 27, 2004 | Result Date: Oct. 8, 2003 | Filing Date: Jan. 1, 1900 |Case number: GIN023342 Bench Decision – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Facts
Plaintiff K.C. Equipment Inc. sued the city of Escondido for breach of a public works contract. The plaintiff claimed that the city owed it $36,320 for performing extra work under a contract to chip seal approximately 4.6 million square feet of streets within the city. The plaintiff asserted that the actual quantity of materials exceeded the city's estimate, and that the city required it to perform additional street sweeping operations that the contract did not contemplate. The city maintained that the plaintiff had been fully paid the contract price for all materials used and that all street sweeping was required by the contract. The city argued that any damages were the result of the plaintiff's failure to timely finish its work.
Settlement Discussions
According to the city, the plaintiff demanded $36,320. The city offered $7,500 in mediation.
Damages
According to the city, the plaintiff claimed $36,320 additional compensation.
Other Information
According to the city, the court found that the plaintiff was not due additional compensation for using more than the estimated quantity of materials because it never sought a change order from the city before using those additional materials, as the contract required. Further, the plaintiff erroneously calculated the cost of the additional materials by factoring in costs unrelated with the materials. The court also determined that the contract contained clean-up provisions, including street sweeping. There was no fixed number of street sweepings to be performed. Since the plaintiff did not finish the work on time, it was therefore required to continue street sweeping.
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