This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Contract
Construction Defects

Lindstom & Son Builders v. Nancy Moore

Published: Apr. 4, 2009 | Result Date: Jul. 16, 2008 | Filing Date: Jan. 1, 1900 |

Case number: CIV463476 Bench Decision –  $11,300

Court

San Mateo Superior


Attorneys

Plaintiff

John J. Hartford


Defendant

Paul J. Derania


Facts

Defendant Nancy Moore entered into a contract with plaintiff Lindstrom & Sons Builders to remodel her home. The agreed price was $128,798.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant did not fully pay invoice amounts.

DEFENDANT'S CONTENTIONS:
The defendant cross-claimed for negligence and breach of contract. The defendant contended plaintiff incurred costs exceeding the agreed price by completing unauthorized work. The defendant further claimed that the work was sub-par and violated building code standards.

Damages

Plaintiff sought $30,741 from unpaid invoices.

Result

The judge found in favor of plaintiff, awarding $11,300 plus $1,461 in interest.

Length

four days


#81889

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390