Hackler v. Tangeman
Published: Aug. 24, 2004 | Result Date: Mar. 4, 2004 | Filing Date: Jan. 1, 1900 |Case number: 246013AEW Bench Decision – $30,393
Judge
Court
Kern Superior
Attorneys
Plaintiff
Defendant
Facts
The subject suit is a commercial dispute between the general contractor, the plaintiff, an office tenant and the defendant stemming from a construction contract for tenant improvements. The case involved an office complex located in Bakersfield. The plaintiff, Marcus Hackler, was hired by the defendant Scott Tangeman to make tenant improvements to dental offices. Pursuant to incomplete plans presented to Hackler by the defendant, Hackler and the defendant entered into a written contract on June 26, 2001. Hackler performed his work in accordance with the plans provided by the defendant and specifically in accordance with the instructions and directions provided by the defendant. The issues were whether Hackler was entitled to the $30,420, admittedly never paid to Hackler by the defendant under the contract; whether Hackler was entitled to net extra work provided by Hackler but never paid by the defendant, and whether the defendant was entitled to any offsets for expenses incurred by the defendant for work related to the compressed air lines, for the floor sink or for cabinets not constructed or installed.
Settlement Discussions
There were at least two mandatory settlement conferences. The plaintiff lowered his demand to $18,000, and the defendant lowered his offer to settle at $6,000.
Damages
The plaintiff claimed approximately $30,420 in damages plus $10,000 in extras, less an unknown amount for allowable offsets, plus prejudgment interest and attorney fees.
Result
The plaintiff was awarded $30,392 in damages; attorney fees of $18,227; prejudgment interest of $6,819 and other costs of $1,347 for a total of $56,787.
Other Information
At a non-binding arbitration, the plaintiff had been awarded $15,000. He then filed a request for trial de novo after retaining new counsel. The defendant filed a Chapter 13 petition in bankruptcy when the plaintiff began enforcement action. This petition is still pending.
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