Antioch Building Materials Inc. v. City of Antioch
Published: Apr. 20, 2004 | Result Date: Sep. 12, 2003 | Filing Date: Jan. 1, 1900 |Case number: C0300573 Arbitration – $155,000
Facts
Antioch Building Materials Inc. (ABM) sued the city of Antioch, Carone & Sons Inc., who were paving contractors and Safeco Insurance Company of America, claiming breach of contract. ABM had sold rubberized asphalt to a Carone & Sons for a public works project. Carone & Sons refused to pay ABM, claiming that the rubberized asphalt was defective and the lack of production by ABM had caused them damages in the form of increased job costs. Carone & Sons used the total cost method to calculate its lost production. ABM claimed the total cost method was disfavored in calculating a contractor's loss of production because it failed to account for bidding shortfalls and delays caused by the paving contractor. ABM proved it did not cause the Carone & Sons loss of production.
Damages
Contract damages, interest and attorney fees.
Result
$155,000, Arbitration.
Other Information
The arbitrator was Robert C. Field.
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