Pascal & Ludwig Engineers v. City of Vista
Published: Jul. 10, 1999 | Result Date: Mar. 24, 1999 | Filing Date: Jan. 1, 1900 |Case number: 781455 Verdict – $746,673
Judge
Court
Orange Superior
Attorneys
Plaintiff
Joseph A. Miller
(Monteleone & McCrory LLP)
Jeffrey S. Hurst
(Monteleone & McCory LLP)
Defendant
Shawn Hagerty
(Best, Best & Krieger LLP)
Experts
Plaintiff
Mark Butier
(technical)
William Galanty
(technical)
Defendant
Brian Stafford
(technical)
Rod Graham
(technical)
Eugene F. Cook
(technical)
Facts
The plaintiff, Pascal & Ludwig Engineers, was the prime contractor for the defendant City of Vista for construction of the Buena Vista pump station. When drilling to install dewatering wells, Pascal hit a charged forcemain that, when ruptured, flooded the station and an adjoining lagoon. The plaintiff brought this action against the defendant based on breach of contract, breach of implied warranty of plans and specifications, differing site condition and wrongful withholding of retention.
Settlement Discussions
The plaintiff made a settlement demand for $350,000. The defendant made no offer.
Damages
$407,184 for principal and for the repairs, Public Contract Code º7107 penalty on wrongfully withheld retention, attorney fees, prejudgment interest and $20,000 for two days extra work. The defendant cross-claimed for $193,326 in principal owed.
Other Information
The verdict was reached approximately two years after the case was filed.
Deliberation
1½ days
Poll
11-1 (liability and damages)
Length
18 days
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