MacOmber

This is an appeal by the State of California from an adverse judgment rendered on a jury verdict in favor of plaintiff general contractor’s claim for additional work done in the remodeling of Chico State College (hereafter. College) . The State argues that there is no evidence to. support the jury’s implied finding that the state architect committed gross error in rejecting plaintiff’s claim; that the rule of substantial evidence is not applicable to a review of administrative proceedings; that plaintiff did not, in good faith, exhaust his administrative remedies; that the trial court erred in permitting plaintiff to amend the complaint; and that, in any case, plaintiff is not entitled to interest prior to judgment.

Viewing the record most favorably to the judgment, as we must, the following facts appear: Plaintiff, Fred S. Macomber, a general contractor, was the successful bidder on a $101,250 State contract to remodel the administration building of the College. The contract, dated May 22, 1961, contained the usual general conditions, the pertinent portions of which are set forth below. The portion of the work here in issue is the manufacture and installation of a two-story…