$274,843
Awarded
CONSTRUCTION CONTRACTS
Delay/Miscellaneous
LOS ANGELES COUNTY SUPERIOR COURT
American Pacific Concrete Pipe Company v. Calfon Construction Company, Inc., No. VC012482, Norwalk. John R. Stanton. Jury trial: 12 days. Verdict/judgment: 9/27/94.
VERDICT/JUDGMENT: DEFENSE
On the complaint, the jury awarded plaintiff nothing on its general verdict for breach of contract against Calfon for non-payment. On the cross-complaint, Calfon was awarded $274,843 as against Ampac reduced to $129,853 to reflect credit to Ampac; and $183,229 (special verdicts) awarded to Calfon against cross-defendant Los Angeles County Sanitation Districts. The jury found for Calfon against Ampac on the theories of fraud, breach of contract and negligence. Vote: Not reported. Deliberations: 5 hours.
TRIAL COUNSEL
Plaintiff: Jeanette Palla, Law Offices of Jeanette Palla, Douglas City.
Defendant: Charles S. LiMandri, Law Offices of Charles S. LiMandri, San Diego. R. Timothy Ireland, Law Offices of Charles S. LiMandri, San Diego.
Cross-Defendant: Paul Beck, Knapp, Marsh, Jones & Doran, Los Angeles.
FACTS/CONTENTIONS
According to defendant: Plaintiff sued to recover the contract balance and interest due on pipe supplied to defendant for a sewer pipe project. The plaintiff was American Pacific Concrete Pipe Company (Ampac), a manufacturer of pipes. The defendant was Calfon Construction Company, Inc. a general contractor. Defendant cross-claimed against plaintiff for fraud, breach of contract and negligence. Defendant also cross-claimed against the Los Angeles County Sanitation Districts for breach of contract and indemnity.
Defendant was the general contractor on a sewer pipe project in the City of Industry for cross-defendant District. Defendant contracted with plaintiff to manufacture and deliver large diameter reinforced concrete pipe. Much of the pipe broke upon installation by defendant, causing delays and repair costs. Plaintiff claimed that the pipe broke because it was improperly installed. Defendant contended that the breakage was due to plaintiff’s deviation from its original design drawings regarding the proper use of reinforcing steel in the pipe. Cross-defendant District and plaintiff argued that defendant alone was responsible for the quality of the pipe it supplied as the general contractor and that is plant inspectors were not responsible for ensuring that plaintiff complied with the original design drawings that plaintiff prepared and cross-defendant approved. Defendant cross-claimed for damages, for delays, disruption, inefficiency, extra work, assessed liquidated damages by cross-defendant District and the unpaid contract balance by cross-defendant District.
CLAIMED INJURIES
NA
CLAIMED DAMAGES
According to the defendant: Complaint: $144,939 contract balance and interest. Cross-complaint: %526, 449 after credit to Ampac of $117,000.
SETTLEMENT DISCUSSIONS
According to defendant: Demand on complaint: $100,000. Offer on complaint: Not reported. Demand on cross-complaint: $500,000 to Los Angeles County Sanitation Districts and Ampac jointly. Offer on cross-complaint: Not reported.
TRIAL EXPERTS
Plaintiff: Not reported.
Defendant: Bill Manginelli, construction delay and damages, Traunch Consulting Services Inc., Philadelphia, PA (215) 546-0288. D.A. Hausman, engineer, Pasadena (818) 564-0425. Peter Rij, construction practices, San Diego (619) 268-3236.
EXPERT TESTIMONY
According to defendant: The defense expert on construction delay and damages, Manginelli, testified as to the nature and quantity of damages suffered by Calfon including the delays and disruptions caused by the broken pipe. Defense expert Hausman, an engineer, testified that removal of the rebar from the spigot end of the reinforced concrete sewer pipe of a large diameter was below industry standards and was the cause of the breakage. Rij, the defense expert on construction practices, testified that the installation of the pipe by Calfons was proper.
COMMENTS
According to defendant: The jury awarded $274,843 against Ampac. The trial court gave Ampac credit of $144,939 for a total judgment in favor of Calfons of $129,854 plus interest from July 18, 1992. The jury awarded Calfon $183,229 against the District. Payment of the judgment plus costs of $9,551 and interest is expected. A motion by Calfons for attorney fees and costs against Ampac was settled for $250,000 and was not made a part of the judgment. Ampac has paid $250,000 and the parties have waived respective rights to appeal in exchange for payment of $129,854 by Ampac on or before October 13, 1994.
Paul Beck represented cross-defendant Los Angeles County Sanitation Districts.