California Court of Appeal

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Great W. Drywall, Inc. v. Roel Constr., Inc., D049191

In a claim arising from a construction subcontract in which plaintiff challenged the sufficiency of evidence to support certain items of damage that the court awarded to defendant, court's amended award judgment is affirmed in part and reversed in part where: 1) defendant's notice of appeal was timely; 2) because defendant's award exceeds plaintiff's award, even after the adjustment to defendant's award for cleanup contribution, plaintiff may not recover any prejudgment interest; 3) defendant did not meets its burden of showing an intentional relinquishment of a known right; 4) the court erred by awarding defendant a $26,287 backcharge "for cleanup contribution"; 5) awards for drywall painting and replacement of glass panels were sufficiently supported by the evidence; and 6) plaintiff is not entitled to any penalty interest.

Appellate Information

  • Decided 09/05/2008
  • Published 09/05/2008

Judges

  • McCONNELL, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Sellar, Hazard, Manning, Ficenec & Lai, and Aaron C. Hancock, Walnut Creek, for Plaintiff, Cross-Defendant and Appellant., Procopio, Cory, Hargreaves & Savitch LLP, and Steven R. Borer, San Diego, for Defendant, Cross-Complainant and Appellant.
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