Landavazo Brothers Inc. v. American Casualty Company, Thompson Pacific Construction Inc.
Published: May 5, 2007 | Result Date: Aug. 4, 2006 | Filing Date: Jan. 1, 1900 |Case number: CIV450745 Settlement – $80,128
Facts
Landavazo Brothers Inc (Landavazo). contracted to lay concrete for Thompson Pacific Construction (Thompson). After completing the work, the parties disputed the amount Thompson owed. Landavazo sued for breach of contract, alleging Thompson owed for extra work it requested pursuant to approved change orders. It also sued Thompson's insurance carrier, American Casualty, for payment of an enforcement bond against Thompson.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended it timely performed all extra work defendant requested in the change orders.
DEFENDANT'S CONTENTIONS:
The defendant claimed the change orders were for unnecessary and plaintiff's extra work unsatisfactory.
Damages
The plaintiff produced $104,000 in bills for unpaid work. It demanded fees and costs pursuant its contract with defendant. The defendant contended it was not liable for the unnecessary work.
Result
$80,128. The defendant to pay plaintiff's fees.
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