G. Voskanian Construction, Inc. v. Alhambra Unified School District
Opinion
Lead Opinion
Klein, J.
—Defendant, cross-complainant and appellant Alhambra Unified School District (the District) appeals a judgment following a jury verdict in favor of plaintiff, cross-defendant and respondent G. Voskanian Construction, Inc. (Voskanian), and cross-defendants and respondents Fidelity & Deposit Company of Maryland (Fidelity) and Old Republic General Insurance Corporation (Old Republic).
The essential issues presented relate to the right of Voskanian, a general contractor, to recover for extra work it performed on two public works contracts.
As to the first contract, the relocation contract, Voskanian is entitled to recover for its extra work because the District eventually issued written change orders authorizing the extra work.
As for the second contract, the fire alarm contract, notwithstanding the lack of a written change order, Voskanian is entitled to recover for the extra work that was required because its bid was based on misleading plans and specifications issued by the District. (Souza & McCue Constr. Co. v. Superior Court (1962) 57 Cal.2d 508, 510 [ 20 Cal.Rptr. 634 , 370 P.2d 338 ] (Souza).)
Therefore, the judgment is affirmed.