Steven Krause v. Todd Lundy Construction
Published: Nov. 11, 2003 | Result Date: Oct. 10, 2003 | Filing Date: Jan. 1, 1900 |Case number: SC032005 Verdict – $15,740
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Facts
The plaintiff, a non-practicing attorney, was a homeowner in Westlake Village. He contracted in March 2000 with the defendant, a general contractor, for a 1300 square foot addition to his home. There was never a written contract and the parties disputed whether their oral agreement was for a fixed price or on a cost plus basis. By the end of August, the job was not completed per the plaintiff's expectations, and was costing him more than he expected. The plaintiff replaced the defendant with another contractor who testified that much of the plaintiff's work was poorly done such that it required being redone in addition to the labor and material necessary to actually complete the work. The project was ultimately completed in June 2001.
Result
The jury found in favor of the defendant on the breach of contract issue, awarding the plaintiff no damages, and awarding the defendant $14,370 on his cross-complaint. The jury also found that the defendant had made certain intentional misrepresentations which entitled the plaintiff to $15,740 in damages. The plaintiff was the prevailing party. The jury found in favor of all subcontractors who had been sued on negligence issues. The plaintiff had sued for punitive damages for fraud. The defendant prevailed on that issue. The court granted a directed verdict for one of the subcontractors.
Deliberation
seven hours
Poll
various
Length
five days
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