California Court of Appeal

In a subcontractor's suit against defendant-architects for breach of contract and other causes of action in connection with a city hospital renovation and expansion project, judgment of the trial court is affirmed where: 1) in the absence of a negotiated agreement upon price, and assuming no contrary contractual provision applies, a subcontractor may still pursue a claim seeking a judicial determination of additional fees when it performs work demanded of it by the general contractor constituting a material change in the scope of work defined under the contract; and 2) if good faith negotiation between the parties fails to result in agreement on price, the subcontractor is not required to elect between the job and forfeiting its right of recovery if it elects to perform the required work.

Appellate Information

• Decided 08/23/2010
• Published 08/23/2010

Judges

• Bruiniers

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Roland Nikles, Elliot L. Bien