Facts

On Sept. 14, 2004, Unites States Army Corps of Engineers awarded Flagg Building Improvements and K.O.O. Constructions, doing business jointly as FBI/KOO, a contract for work on the American River Watershed Project and Folsom Dam in Folsom. The work involved improvement of an emergency generator building and an elevator upgrade. On Oct. 19, 2004, FBI/KOO subcontracted part of the work to Elevator Technology. Ultimately, Elevator Technology sued FBI/KOO under the Miller Act and for breach of contract, common count for money owed, unjust enrichment, and quantum meruit. FBI/KOO counterclaimed for damages.

PLAINTIFF'S CONTENTIONS:
Elevator Technology claimed that it had provided FBI/KOO with labor, materials, tools, and equipment valued at $289,803, but was only paid $210,673.

Damages

Elevator Technology sued for $79,129, the difference between the values of what was supplied and what was paid.

Result

The jury found in favor of Elevator Technology and awarded $51,489 for labor and materials, $7,000 for breach of contract, and $3,000 in overtime damages. The jury found the FBI/KOO had unclean hands and was therefore not entitled to damages on the counterclaim.

Other Information

FILING DATE: June 28, 2006.