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Contracts
Breach of Contract
Breach of Implied Warranty of Correctness of Plans and Specifications

SE Pipeline Construction Company v. The City of Long Beach, and Does 1 through 100, inclusive

Published: May 28, 2016 | Result Date: Feb. 16, 2016 | Filing Date: Jan. 1, 1900 |

Case number: BC528493 Settlement –  $450,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Joseph A. Miller
(Monteleone & McCrory LLP)

Martha Eager
(Monteleone & McCrory LLP)


Defendant

John C. Parkin
(Office of the Long Beach City Attorney)


Facts

SE Pipeline Construction Co. sued the City of Long Beach, involving a contractual dispute.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff, a contractor, allegedly entered into a contract with defendant for a project known as "2012 Gas Main and Service Line Replacement for Long Beach Gas and Oil in the City of Long Beach, California (Project Specification G-290)." Defendant allegedly failed to pay plaintiff for all the extra work and costs plaintiff incurred. Plaintiff asserted causes of action for breach of contract (differing site conditions), breach of contract (breach of the implied warranty of correctness of plans and specifications), breach of contract (for failure to disclose important information), breach of contract (implied covenant to provide necessary items within defendant's control), and breach of contract (failure to pay for unit price items).

DEFENDANT'S CONTENTIONS:
Defendant denied the allegations and asserted various affirmative defenses.

Result

The parties reached a $450,000 settlement.

Other Information

FILING DATE: Nov. 22, 2013.


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