Southern California Noble Development v. PRP Investors Fontana CA4/3

facts, that the jury did properly account for offsets, and that PRP forfeited its negligence argument by failing to tender a prejudice argument.

FACTS

This construction dispute arises out of a project to build the “Shops at Sierra Lakes,” which is a 14-acre shopping center and medical office building located in Fontana. The developer of the project was PRP, of which one of the owners is Brett Del Valle. The general contractor was Noble, which is owned by Mike Spencer. Prior to the Shops at Sierra Lakes project, Noble was working on another project developed by PRP, which was a shopping center with a Rite Aid. While that construction was ongoing, another partner at PRP approached Spencer and asked him to bid on the Sierra Lakes project. That bid was ultimately accepted, and in November 2007, PRP and Noble signed a contract for the construction of the project. Noble was to be paid a total of $12,209,836. Under the contract, Noble would make monthly applications for progress payments covering the work that was done

2 that month, and PRP had 30 days from receipt of the application to pay Noble. PRP was financing the project primarily with a loan from California National Bank. From…