California Court of Appeal

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JMR Construction Corp. v. Environmental Assessment and Remediation Mgmt., Inc., 039055

In a dispute brought by a general contractor against subcontractors that arose from a public works project involving the construction of a dental clinic at the Presidio of Monterey, alleging breach of contract and for foreclosure of performance bonds, the trial court's judgment is affirmed where the court did not err in: 1) its utilization of the Eichleay method to calculate extended home office overhead damages and in its use of the modified total cost method of calculating the plaintiff's disruption and delay damages; and 2) finding defendant liable under the performance bonds, concluding that formal notice of co-defendant's default was not a condition precedent to plaintiff's recovery under the bonds.

Appellate Information

  • Decided
  • Published 2015/12/30

Judges

  • MARQUEZ

Court

  • California Court of Appeal

Counsel