P&D Consultants, Inc. v. City of Carlsbad

*1335 Opinion

This breach of contract action arises from a written agreement between P&D Consultants, Inc. (P&D), and the City of Carlsbad (the City) for services pertaining to a redesign of the City’s municipal golf course. In its appeal, the City contends that as a matter of law, the jury’s award of $109,093.81 to P&D for extra work cannot stand because there was no written change order, in violation of provisions of the contract and public contract law (Gov. Code, § 40602). In conjunction with this contention, the City asserts the court erred by instructing the jury that the contract could be modified orally or through the parties’ conduct. Alternatively, the City challenges the sufficiency of the evidence to support the award.

We reverse the judgment on the first amended complaint (hereafter complaint) based on the contract’s requirement of a written change order. Unlike private contracts, public contracts requiring written change orders cannot be modified orally or through the parties’ conduct. Thus, even if P&D’s evidence pertaining to the oral authorizations of a city employee for extra work is fully credited, P&D cannot prevail. The court erred by submitting the matter…