Strle Enterprises v. Western Air Limbach CA2/5

FACTS AND PROCEDURAL HISTORY2

Strle entered into a written subcontract agreement with Limbach, under which Strle agreed to furnish and install radiant ceiling panels in school buildings that Limbach had subcontracted to build for the Los Angeles Unified School District.3 Under change order No. 1, the parties agreed to remove the furnishing and price of the radiant panels from the subcontract by creating a separate purchase agreement. Subsequent to change order No. 1, the subcontract was for installation only. Under a

1 Unlessotherwise indicated, all further statutory references are to the Business and Professions Code.

2 Neither party challenges the trial court’s findings of fact in its statement of decision. Our recitation of facts relies primarily on the statement of decision and the trial exhibits cited in that decision.

3 Radiant panels provide an alternative to traditional methods of air distribution in heating and cooling systems. They are suspended from a metal and/or concrete deck below the ceiling of the room in which they are installed. The panels are connected to the deck with a seismically engineered system of rods, cables, and attachments.

2 second change order…