Facts

In October 2004, plaintiff Summit Builders Inc. provided a bid to supply and install metal frame and gypsum board on two buildings located on Reserve Drive in Roseville. The $494,470 bid was given to the general contractor, defendant Habitat Construction Inc., and was valid for 30 days. Summit Builders Inc., Habitat Construction Inc., and defendant Pico Ranch Inc. had a meeting on March 8, 2005 to discuss work on one of the buildings (Building 14) with various items discussed regarding finishes and the installation of a "Dryvit" system. On March 15, 2005, a written contract was executed between Habitat Construction Inc. and Summit Builders Inc. for work on Building 14 in the amount of $247,235. Habitat Construction Inc. drafted the contract, which did not include any language regarding the Dryvit system or finishes. Although Summit Builders Inc. completed their main work on Building 14, various punch list items were completed by another subcontractor. Habitat Construction Inc. paid $197,435 to Summit Builders Inc. as they deducted amounts to complete the Dryvit system and other repairs on SB's work.

PLAINTIFF'S CONTENTIONS:
Summit Builders Inc. contended that they are owed $72,035 on the contract as they completed the work as contemplated in the written contract provided by Habitat Construction. Summit Builders argued that there was no mention of the Dryvit system or levels of finish in the contract and if Habitat Construction had wanted it, they would have included it in the contract, which they drafted. Plaintiff also sought payment against defendant International Fidelity Insurance Company under its recorded Release of Mechanic's lien Bond.

DEFENDANTS' CONTENTIONS:
Habitat Construction countered that the written contract referenced back to plans which included the Dryvit system and that Summit Builders was aware of that from the March 8th meeting. As well, Habitat Construction argued that Summit Builders had promised that the finish would be at a higher level than it had eventually delivered.

Settlement Discussions

Habitat Construction and Pico Ranch offered $15,000. Summit Builders demanded $45,000.

Damages

Summit Builders suffered damages in the amount of $72,035.

Result

The court found in favor of Summit Builders in the amount of $52,125. Costs and attorney's fees motions are pending.