Amelco Electric v. City of Thousand Oaks

The City of Thousand Oaks (City) appeals, after a jury verdict, awarding Amelco Electric (Amelco) $2,134,586 in damages for City's abandonment and breach of the contract to perform the electrical work required to construct the Thousand Oaks Civic Arts Plaza (the project). [1]

City contends the finding of abandonment must be reversed because a public works contract cannot be abandoned as a matter of law, there is no substantial evidence of abandonment, and the jury instructions on this issue were incorrect. City also contends the breach of contract finding must be reversed because Amelco failed to give proper notice of its claim, released its damages claims, did not prove that its damages were caused by City's breach, and did not prove that the "total cost" method of calculating damages should be applied here. City also contends that it was prejudiced by the misconduct of a juror in withholding material information during voir dire. Finally, City challenges the award of prejudgment interest and claims the cost award was excessive. We affirm, holding, inter alia, that a public works contract can be abandoned and that a contractor may recover for extra work or expenses…