Volpe Co. v. Sausal Corp. CA1/5

Filed 9/29/21 Volpe Co. v. Sausal Corp. CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

VOLPE CO., INC.,

Plaintiff and Respondent,

A157577, A159372

v. SAUSAL CORP., (Marin County Super. Ct. No. CIV1402511) Defendant and Appellant.

Numerous laws regulate disputes between a primary contractor and its subcontractors in the construction of public projects. Two such laws are at issue in this case: Public Contract Code section 4107,1 which, among other things, regulates the authority of a prime contractor to substitute a new subcontractor in place of the subcontractor listed in the original bid; and Business and Professions Code section 7108.5, a prompt payment statute. In a jury trial, the plaintiff subcontractor prevailed on a breach of…