Facts

On Jan. 16, 2007, Simich Construction Company Inc. entered into a written contract with the city of Monrovia for a public improvement project known as "2006-2007 Water Main Replacement Program, Project No. C-2980" (Project No. C-2980). Per the agreement, Simich would provide construction, labor, and materials for Project No. C-2980. Ultimately, Simich sued the city for payment associated with particular work performed, including the removal of asphalt pavement in order to excavate the water main trenches, the replacement of the asphalt after installation of eight-inch ductile iron pipe, the removal of sidewalk in the areas where trenches were needed for the installation of copper piping, and the replacement of the sidewalk after installation.

PLAINTIFF'S CONTENTIONS:
Simich claimed that it performed all that was required of it under the contract but Monrovia failed to pay them. Simich claimed that the relevant unpaid portions of the project were necessary and integral to the entire project.

DEFENDANT'S CONTENTIONS:
Monrovia claimed that the work in dispute was "contingent' and/or 'additive", to be completed only as needed at the direction of the project engineer. Monrovia claimed that Simich misunderstood the bid documents and failed to obtain clarification of what those documents contained. Monrovia also claimed that Simich was seeking more money because it discovered that it had bid too low.

Damages

Simich claimed that it was owed $141,978 under the contract.

Result

The jury awarded plaintiff $82,787.

Other Information

FILING DATE: Dec. 27, 2007.