Great Western Drywall, Inc. v. Roel Construction Co., Inc.

Good Law
166 Cal. App. 4th 761·2008 Cal. App. LEXIS 1397·83 Cal. Rptr. 3d 235
Court of Appeal of CaliforniaAugust 13, 2008D049191California2,705 words

Opinion

Opinion

McCONNELL, J.

Great Western Drywall, Inc. (Great Western), and Roel Construction Co., Inc. (Roel), appeal a judgment entered after a bench trial on their respective actions arising from a construction subcontract. Reel’s sole contention is that the court erred by awarding Great Western prejudgment interest on its liquidated contract claims since Roel’s damages exceed Great Western’s damages and entirely offset the interest award.

Great Western challenges the sufficiency of the evidence to support certain items of damage the court awarded Roel, contends the court erred as a matter of law by awarding Roel a cleanup contribution not directly attributable to Great Western, and abused its discretion by denying Great Western prejudgment interest on unliquidated contract claims. Great Western also appeals a postjudgment order in which the court denied it penalty interest under Business and Professions Code section 7108.5 for Roel’s failure to promptly make progress payments.

We find in Roel’s favor on its appeal, and we find in Great Western’s favor on the cleanup contribution issue. In all other respects, we affirm the judgment. We also affirm the postjudgment order.

FACTUAL AND…

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