Pacific Custom Pools, Inc. v. Turner Construction Co.

On this consolidated appeal, Pacific Custom Pools, Inc., challenges the trial court’s granting of summary judgment based on the failure of Pacific Custom Pools to substantially comply with the contractor’s licensing requirements, and Turner Construction Company questions the court’s denial of its attorney’s fees. We hold that the trial court properly granted summary judgment but erred in denying attorney’s fees.

Factual Background and Procedural History

Universal City Studios, Inc. (Universal) entered into a general contract with Turner Construction Company (Turner) for the construction of the Jurassic Park ride (the project) at the theme park in Universal City, California. In turn, Turner entered into a subcontract (the Agreement) on the project with Pacific Custom Pools, Inc. (PCP), pursuant to which PCP agreed to furnish and install all water treatment work for the project for the contract price of $959,131. PCP further subcontracted its work to Harrington Industrial Plastics, Inc. (Harrington) and Pacific Engineered Projects (PEP) for those companies to provide materials and supplies on the project. PCP performed work on the project from April 1995 until June 1996…