Schaefer Dixon Associates v. Santa Ana Watershed Project Authority

Plaintiff and appellant Schaefer Dixon Associates (contractor) filed the action below against defendant and respondent Santa Ana Watershed Project Authority (referred to hereafter as the agency) over a contract dispute concerning payment for soil testing services the contractor had performed on a wastewater pipeline project for the agency. The trial court granted summary judgment in favor of the agency on the ground that the contractor had failed to make a claim with the agency under the Government Tort Claims Act (Gov. Code, § 900 et seq.) before filing suit. The contractor appeals, urging that a letter it had written to the agency’s general manager about the dispute was a “claim” within the meaning of the Tort Claims Act. We affirm.

Facts

In April of 1990, the contractor submitted a proposal to provide geotechnical services (e.g., field density tests of trench backfilling) in connection with the construction of a wastewater pipeline project of the agency. Based on the plans and specifications for the project, the contractor estimated its services would cost $75,000 for the project. The contractor’s proposal indicated that fees could either increase or decrease…