W. J. Lewis Corp. v. C. Harper Construction Co.

Plaintiff appeals from a judgment for defendant in an action based on an alleged breach of statutory duty. We affirm.

Defendant, as prime contractor, submitted a bid to the Culver City Redevelopment Agency for certain work proposed by that agency. Pursuant to section 4104 of the Government Code, it listed in its bid the name of plaintiff (who had submitted an oral bid) as the subcontractor for certain underground work called for in the proposed project. Defendant’s bid was accepted. It submitted to plaintiff a form of subcontract, which plaintiff refused to execute, demanding a subcontract containing other and different terms. After some period of negotiations, and with time for beginning performance running out, defendant sought from the agency, and received, permission to perform the underground work in question itself. Plaintiff here sues for damages, alleging that defendant had breached a statutory duty by eliminating it. The trial court found against plaintiff; we agree.

Section 4107, subdivision (a) of the Government Code provides: “No prime contractor whose bid is accepted shall:

The trial court found that, by its conduct, plaintiff fell within paragraph (1) of…