Jana Contracting Corporation v. Santa Ynez River Water Conservation District, Improvement Distrist No. 1
Published: Nov. 9, 1996 | Result Date: Oct. 17, 1996 | Filing Date: Jan. 1, 1900 |Case number: SM089632 – $0
Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
William Foutz
(technical)
Facts
On Oct. 5, 1993, plaintiff Jana Contracting Corp. and defendant Santa Ynez River Water Conservation District, Improvement District No. 1 entered into a public works contract requiring the plaintiff to remove and replace portions of underground water pipeline at four crossings of the Santa Ynez River in Santa Barbary County. This project was part of the overall effort to import state project water into Santa Barbara County under its 1963 state water contract. The plaintiff failed to complete the project withn 120 days as required under the agreement. The plaintiff submitted several claims during the construction, seeking extra payment for changed condition or delay, due to alleged misidentification by the owner of the location of the existing pipeline, delay in pipe manufacture, and unforseeable subsurface rock and ground water. The defendant negotiated and utimately denied such claims. The plaintiff brought this action against the defendant based on breach of contract, breach of implied warranty in plans and specifications and quantum meruit theories of recovery. The defendant cross-complained for liquidated damages under the agreement due to the plaintiff's failure to complete the project within 120 days.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $400,000. The defendant made an offer of compromise for $45,000.
Damages
The plaintiff's second amended complaint sought more than $900,000 in breach/quantum meruit damages and attorney's fees. Per an agreement between parties during trial, the damages at issue were limited to $200,000.
Other Information
The verdict was reached approximately ___ years and ___ months after the case was filed. A settlement conference/arbitration/mediation was held on ____/____/1996 before _______________ (name) of _____________ (affiliation or court) resulting in ____________ . After 16 days of trial with approximately 6 to 8 more witnesses to be called by the plaintifff in its case in chief, an agreement was struck whereby the cross-complainant was waived and the only two issues considered by the court were whether there was a compensable delay in the fabrication or delivery of the pipeline and how many days of delay were proximately caused by the defendant. The parties stipulated to damages based upon a minimum (zero) -- $200,000 maximum award for the plaintiff if there were any days of compensable delay.
Deliberation
23 days
Poll
___________ (#s pls._
Length
20 days
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