This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Contract
Construction

Grant C. Lane Construction v. Steve Spiegelman, Holly Wilkey

Published: Oct. 5, 2004 | Result Date: Jul. 9, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 2622274 Verdict –  $256,977

Judge

Peter A. Smith

Court

Napa Superior


Attorneys

Plaintiff

Bruce W. McCann

Clay A. Coelho
(Wilson, Elser, Moskowitz, Edelman & Dicker LLP)

Bruce D. Mitteldorf


Defendant

Richard L. Cooper


Experts

Plaintiff

William Twitchell
(technical)

Facts

Plaintiff Grant Lane Construction, contracted to build the defendant's home in the Napa Valley under a contract totaling $1.2 million. The project was delayed and the defendants stopped paying the plaintiff. One defendant sent a note to the lender stating that the contractor stole money from the project.

Settlement Discussions

At settlement conference, the defendants offered zero on the complaint and demanded $200,000 on the cross-complaint.

Damages

Lost profits and contract damages, defamation and punitive damages on defamation cause of action.

Result

Judgment for the plaintiff on the complaint and for the cross-defendant on the cross-complaint. Judgment included foreclosure under the plaintiff's mechanic's lien, plus attorney fees and costs.

Other Information

A motion for new trial was filed by the defendants on July 15, 2004.

Deliberation

four hours

Length

eight days


#98208

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390