Jones

Jones v. Kvistad

Bad Law
19 Cal. App. 3d 836·1971 Cal. App. LEXIS 1331·97 Cal. Rptr. 100
Court of Appeal of CaliforniaSeptember 3, 1971Civ. 27233California2,784 words

Opinion

Opinion

Molinari, J.

This is an appeal by Audree L. Jones (hereinafter “Jones”) from a judgment entered on an arbitrators’ award.

Jones contracted with David Kvistad (hereinafter “Kvistad”) to construct an apartment house according to plans and specifications drawn by Jones’ architect. Construction was commenced and substantially completed. Jones claimed that the construction was not in exact conformity with the architect’s plans and instituted an action against Kvistad for breach of contract. Kvistad brought a separate action to foreclose a mechanic’s lien. The two actions were consolidated and, on agreement of counsel for the respective parties, the matter was submitted to arbitration.

Following arbitration proceedings the arbitrators made their award determining that after credits and offsets Kvistad was entitled to the sum of $7,419.53. The award reflected that among the credits to which Jones was-entitled was the sum of $8,194.82 representing the value of the work done by another contractor to correct deficiencies and to- repair water damage, and the value of uncompleted contract work.

Kvistad, pursuant to Code of Civil Procedure section 1285, filed a petition in the court below to…

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