Thomas A. Perry & Associates Inc. v. Matrix Service Inc.
Published: Oct. 7, 2006 | Result Date: Mar. 30, 2006 | Filing Date: Jan. 1, 1900 |Case number: BC305079 Verdict – $434,469
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
John M. Hochhausler
(Manning & Kass Ellrod Ramirez Trester)
Facts
Plaintiffs Thomas A. Perry & Associates entered into a written agreement with defendant, Matrix Service Inc., to provide service and materials to the Hyperion Treatment Plant. The plaintiffs brought suit for breach of this contract.
Contentions
PLAINTIFF’S CONTENTIONS:
The plaintiff claimed that Matrix breached the contract twice. First, by failing to pay $199,045 owed to plaintiff for labor and materials provided, and later by wrongfully terminating the agreement, which prevented the plaintiff from completing all of its obligations, causing delays and increasing costs for plaintiff. It further alleged breach of the implied covenant of good faith and fair dealing by demanding the plaintiff provide labor under environmentally unsafe conditions and failing to provide information regarding exposure to harmful materials.
DEFENDANT’S CONTENTIONS:
The defendant denied all of the allegations.
Settlement Discussions
Plaintiff's lowest settlement demand conveyed during court-ordered mediation was $700,000. The parties were unable to reach a settlement.
Damages
The plaintiff sought payment of $199,045 pursuant to the contract.
Result
The jury awarded plaintiff $434,469.
Other Information
At the beginning of trial, plaintiff asked the jury to award damages in its favor totaling just over $1.3 million.
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