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Construction
Interference with Contract
Negligent Misrepresentation

L.A. Contractors Inc. v. Nabil W. Selim, Isis Selim

Published: May 22, 2010 | Result Date: Feb. 18, 2010 | Filing Date: Jan. 1, 1900 |

Case number: BC 329428 consolidated case Arbitration –  $1,537,580

Court

L.A. Superior Central


Attorneys

Plaintiff

C. Phillip Jackson


Defendant

Michael J. Baker


Experts

Plaintiff

Howard I. Littman
(technical)

Defendant

James Keoshkerian
(technical)

David Schwartz
(technical)

Mark H. Savel
(technical)

Facts

Between July 2001 and August 2004, plaintiff L.A. Contractors Inc. acted as general contractor for the development of the St. John Coptic Orthodox Church in Covina. Defendant Nabil Selim, who was on the church's board of directors, was a design architect and contract administrator, along with defendant Isis Selim. Later, L.A. Contractors brought claims against the Selims, alleging negligent misrepresentation and contractual interference.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that delayed the project, made performance more expensive, and interfered with payments to plaintiff, in bad faith.

DEFENDANTS' CONTENTIONS:
The defendants claimed that plaintiffs did shoddy work, which caused a delay in payment. Further, defendants averred that they acted within the standard of care and with good faith and that they were protected because Nabil Selim was the church's agent. Last, defendants asserted that the peer-view of the project was irrelevant.

Damages

L.A. Contractors sought $3.4 million.

Result

The arbitrator awarded L.A. Contractors $1,537,578, on the interference with contract claim. The arbitrator ruled in favor of defendants on the misrepresentation and contribution claims. The award was confirmed and judgment was entered on May 3, 2010.

Other Information

Lexington Insurance was an insurer.


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