Facts

Plaintiff J. Alvarez Construction Inc. was hired by defendant Western National Construction Inc. to perform framing work on the Mission Trails apartment project. Work began in June 2001. A dispute arose and Western terminated the contract on October 25, 2001 and ordered J. Alvarez off of the work site. J. Alvarez filed suit for breach of contract and for foreclosure of a mechanic's lien. Western counter-claimed, also alleging breach of contract. Western dismissed its counterclaim during trial.

PLAINTIFF'S CONTENTIONS:
J. Alvarez contended that the contract should not have been terminated. J. Alvarez offered evidence that its workmanship met the standards in the community and that it was in substantial compliance with the insurance and labor release requirements under the contract. J. Alvarez contended that it complied with the published schedule and any delays were caused at least in part by delays attributable to the general contractor. As of October 31, 2001, J. Alvarez claimed entitlement to $425,959 for labor alone. J. Alvarez additionally contended it lost profits in the amount of $98,800 and incurred other losses and equipment charges for the delays caused by Western in the amount of $93,672.

DEFENDANT'S CONTENTIONS:
Western contended termination of the contract was justified due to delays in completion of the work, failure to keep up with the production schedule, poor workmanship, and failure to comply with certain proof-of-insurance and labor release requirements. Western further contended that it was entitled to liquidated damages as a result of J. Alvarez's alleged failure to perform as required under the contract.

Damages

J. Alvarez claimed damages in the amount of $618,431. Western sought liquidated damages in the amount of $311,000.

Result

The judge found in favor of J. Alvarez, awarding $637,345, plus interest in the amount of $257,732 for an aggregate judgment of $895,077. Interest was calculated at $175 per day from the date of the breach.

Other Information

J. Alvarez filed a motion for attorney fees and costs pursuant to the contract.