G. Voskanian Construction, Inc. v. Alhambra Unified School District

Caution
139 Cal. Rptr. 3d 286·2012 Cal. App. LEXIS 368·204 Cal. App. 4th 981·2012 WL 1038185
Court of Appeal of CaliforniaMarch 29, 2012Nos. B221005, B224355California6,095 words

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.

FACTUAL AND PROCEDURAL…

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