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Construction
Contract Reformation
Failure to Pay

Lewis C. Nelson and Sons, Inc. v. Clovis Unified School District

Published: Dec. 5, 1998 | Result Date: Oct. 26, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 135915A Verdict –  $1,339,720

Judge

Michael Hider

Court

Merced Superior


Attorneys

Plaintiff

Robert L. Leslie


Defendant

William D. Anderson


Experts

Plaintiff

Gary L. Smith
(technical)

Lawrence F. Ross
(technical)

Steven B. Yribarren
(technical)

Jan E. Swaney
(technical)

Defendant

J. Gonzales
(technical)

Daniel Quackenbush
(technical)

Facts

In 1992, defendant Clovis Unified School District contracted with plaintiff to construct a new high school in Clovis. During construction, the school district directed the plaintiff to accelerate to complete part of the high school before the contract required, resulting in loss of productivity of labor and delay to other parts of the school. The plaintiff brought this action against the defendant based on breach of contract theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $1.4 million. The defendant made a C.C.P. º998 offer of compromise for $15,000 and at settlement compromise at trial, offered $150,000.

Damages

The plaintiff claimed $1,480,000 in damages.

Other Information

The verdict was reached approximately three years and two months after the case was filed. Per the plaintiff, defendant refused mediation.

Deliberation

1+ days

Poll

10-2

Length

19 days


#89757

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