Facts

On Sept. 21, 2006, plaintiff Land Mosaics Inc. entered into a written contract to provide construction and landscaping work to defendant Kenny Zhao at his residence in Dublin, California. The agreement included construction of a large concrete patio area in the front and back yards, construction of a side retaining wall, configuration of a barbecue area, installation of precast balustrades, statues, and a gazebo, and planting of bushes and plants. The initial price for the project was $120,000. Eventually, through change orders, the amount of the contract was increased to more than $150,000.

Land Mosaics initally filed suit against Zhao for breach of contract. Zhao cross-claimed against Land Mosaics and Hee Young Pyen, an officer and director of Land Mosaics, alleging the work was deficient.

PLAINTIFF/CROSS-DEFENDANT'S CONTENTIONS:
Land Mosaics claimed that it performed the required work and additional work requested by Zhao, yet Zhao refused to pay for the work.

DEFENDANT/CROSS-COMPLAINANT'S CONTENTIONS:
Zhao claimed that Land Mosaics' work was deficient. Zhao contended that Land Mosaics abandoned the project, forcing him to hire another company at a greater expense to complete the project.

Damages

Land Mosaics sought $41,202 in payments, later reduced to $33,240. Zhao sought $125,000.

Result

A verdict was returned for Land Mosaics on both its claim for breach of contract and Zhao's cross-claim. Land Mosaics was awarded damages of $27,490, as wells as $7,428 in costs.

Other Information

FILING DATE: Sept. 10, 2007.