Swan Engineering v. Tuscan Ridge Associates CA3

BACKGROUND

The Complaint Plaintiff filed a complaint asserting causes of action for (1) breach of contract, (2) quantum meruit, (3) open book account, (4) account stated, and (5) foreclosure on a mechanic’s lien. According to the complaint, the parties entered into a written contract on or about April 10, 2019, pursuant to which plaintiff agreed to perform certain construction work for defendant. The complaint generally alleged that defendant breached the contract by, among other things, requiring plaintiff to perform work beyond the scope of the contract and failing to pay for that work. In the quantum meruit cause of action, plaintiff asserted that defendant owed plaintiff not less than $725,000 as the reasonable value of labor, equipment, and materials furnished. The open book account and account stated causes of action largely reiterated the allegations in the quantum meruit cause of action. Plaintiff also sought to foreclose on a mechanic’s lien it had secured in the amount of $722,149. The Written Contract and Written Change Orders In the written contract, signed on April 10, 2019, defendant agreed to pay plaintiff $494,193 for the work contemplated by the contract,…