California Court of Appeal

In a contract dispute between plaintiff builders and defendant city, judgment in favor of defendant is reversed where: 1) the statutory claims procedure and the contractual claims procedure are intended to be parallel, not sequential; and 2) if a claim is governed by a claims procedure prescribed by contract, the presentation of an additional, statutory claim pursuant to section 905 and 910 is not required prior to filing a lawsuit unless it is expressly mandated by the contract.

Appellate Information

• Decided 08/25/2008
• Published 08/25/2008

Judges

• RIVERA, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Archer Norris,William H. Staples, W. Eric Blumhardt, Kimberly M. Amick, Walnut Creek, Arntz Builders General Counsel, John McGill, Temecula, for Appellant.


• For Appellees:
  
• Wulfsberg Reese Colvig & Firstman, Eric J. Firstman, Michael J. Higgins, Oakland, City of Berkeley City Attorney, Manuela Albuquerque, Berkeley, Michael K. Woo, for Respondent., Port of Oakland Port Attorney, David L. Alexander, Oakland, Christopher H. Alonzi, Berkeley, for Amici Curiae in Support of Respondent.