California Court of Appeal

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Lydig Construction, Inc. v. Martinez Steel Corporation, D066854

In this construction contract dispute, plaintiff was the general contractor on a large public works project, and defendant was the original supply subcontractor on the project. Plaintiff sued defendant for additional costs incurred by virtue of the fact that defendant failed to supply steel for the project in a timely manner and plaintiff had been required to replace defendant with another steel supplier. Judgment of the trial court granting plaintiff's motion for a right to attach order and issuing writs of attachment in the amount of $203,315 is affirmed, where: 1) plaintiff's application for a writ of attachment was supported by substantial evidence; and 2) defendant's cross-complaint, in which it alleged claims that, if successful, would entirely offset plaintiff's claims against it, does not prevent the trial court from issuing a writ of attachment against it.

Appellate Information

  • Decided 02/26/2015
  • Published 02/26/2015

Judges

  • Benke

Court

  • California Court of Appeal

Counsel