Harsco Corp. v. Department of Public Works

J. —■ From that portion of the judgment awarding plaintiff $7,012.46 as against defendant Department of Public Works (hereinafter Department), Department appeals.

The Facts

The essential facts, are not in dispute. In October 1968, the Department entered into a written contract with defendant Ashby Construction Co. (hereinafter Ashby) for the construction of a bridge in Riverside County. Pursuant to Government Code section 4200 (now Civ. Code, § 3247) Ashby filed with the department a labor and material bond executed by United Bonding Insurance Company. Between October 15, 1968, and February 12, 1969, at the request of Ashby, plaintiff furnished scaffolding equipment used in the work of improvement having a reasonable value of $7,012.46. Not having been paid, plaintiff filed a verified claim and notice to withhold (hereinafter stop notice) with defendant Department on March 19, 1969.

Before receiving plaintiff’s stop notice, the Department had paid to Ashby a number of progress payments. As of the date plaintiff filed its stop notice, Ashby had been fully paid for its partial performance under the contract except that the Department held retention funds in the amount of…