Denham

This action arises from a contract entered into April 9, 1963, wherein plaintiff, James E. Den-ham, agreed to construct for the defendant, County of Los Angeles, a vivarium (animal housing and testing annex) at the Olive View Hospital for the sum of $170,486.

By his third amended complaint (setting forth six counts), plaintiff seeks to recover a total of $31,655.40, together with interest thereon, claiming an unwarranted deduction of $7,100 by the County as liquidated damages for late completion of the structure, $9,190.50, plus interest, for performance of extra work not covered, by the contract, and $15,155.40, plus interest, for sundry damages alleged to have been caused to plaintiff by the County’s default.

•' To this third amended complaint, defendant County interposed general and special demurrers. The trial court sustained the demurrer upon the specific ground that the third amended complaint and each cause of action therein contained, was barred by section 945.6 of the Government Code requiring suit to be commenced within six months after the claim is rejected by the board of supervisors or is deemed to have been rejected by that board. Leave to amend was granted. Upon…