Supreme Court of California

In a contract dispute between a school district and a contractor, arising from a contract to complete construction of an elementary school and to correct defects caused by an original contractor, court of appeal's reversal of a trial court's judgment in favor of school district is affirmed as a contractor on a public works contract may be entitled to relief for a public entity's nondisclosure of information that materially affected the cost of performance in the limited circumstances where: 1) the contractor submitted its bid or undertook to perform without material information that affected performance costs; 2) the public entity was in possession of the information and was aware the contractor had no knowledge of, nor any reason to obtain, such information; 3) any contract specifications or other information furnished by the public entity to the contractor misled the contractor or did not put it on notice to inquire; and 4) the public entity failed to provide the relevant information.

Appellate Information

• Decided 07/12/2010
• Published 07/12/2010

Judges

• WERDEGAR, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• John J. Immordino, Roberta M. Fessler