C. L. Smith Co. v. Roger Ducharme, Inc.

Introduction

The action in the trial court was for breach of a masoniy subcontract and also for what plaintiff titled “Negligence—Breach of Statutory Duty” with reference to section 4100 et seq. of the Government Code, the Subletting and Subcontracting Fair Practices Act. The suit was against a general contractor who had been awarded the prime contract on a school construction project after relying on a bid submitted by the plaintiff subcontractor in compilation of the total bid. However, in submitting the bid, the defendant inadvertently failed to list plaintiff as the masonry subcontractor. As a consequence of such failure, the school district, which had awarded the prime contract, refused, per section 4106 of the Government Code, to allow the defendant to utilize the plaintiff on the project, and so the defendant did not sign the subcontract agreement tendered by the plaintiff.

The defendant demurred to the complaint, but the demurrer was never argued. Instead, defendant made a motion for summary judgment. This motion was granted, and it is from the judgment entered thereon that plaintiff has appealed. We agree with the trial court that the declarations filed in…