Facts

Defendant TDS contracted with plaintiff Proland Real Estate Corp. dba Duggan Building and Construction for plaintiff to supply and install drywall, framing, and finish carpentry at two Best Buy store locations. After completing 90 percent of the construction work without having received any payment from TDS, including the required upfront payment deposits, plaintiff discontinued its work.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that TDS failed to pay plaintiff for its construction work completed on the two Best Buy stores in Glendale and Burbank, despite TDS being contractually obligated to do so; the construction work having been done and done well; and plaintiff having expended significant time, effort, and materials in continuously performing the work for approximately three weeks.

Plaintiff further contended that TDS made false misrepresentations about payment purportedly having been sent; the promise of new, additional construction work from Best Buy; and the incorrect size and nature of the construction materials that TDS had ordered to be purchased for plaintiff's construction work.

DEFENDANT'S CONTENTIONS:
TDS contended that because plaintiff supposedly failed to timely supply TDS with plaintiff's a Form W-9 and an original certificate of liability insurance, TDS was 100 percent excused from having to pay plaintiff at all, despite acknowledging receipt of the fruits and benefit of plaintiff's construction work.

Result

Plaintiff's verdict for $442,562.

Other Information

The jury unanimously found for Proland Real Estate Corporation dba Duggan Building and Construction on both of its claims for breach of contract and fraud against TDS. As a consequence, the jury awarded plaintiff $79,000 on its breach of contract claim and an additional, separate $205,562 on its fraud claim. In addition, arising from defendant's fraud, the jury also awarded plaintiff $158,000 in punitive damages. Thus, the total amount of all damages awarded was $442,562 (does not include attorney fees, costs, and interest to be determined via post-judgment submissions to the court). FILING DATE: Aug. 21, 2009.

Deliberation

three hours

Length

seven days