Stock

Filed 10/24/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

VOUGHT CONSTRUCTION INC.,

Plaintiff and Appellant,

A164823

v. JAY STOCK, (Alameda County Super. Ct. No. RG 20067174) Defendant and Respondent.

Vought Construction Inc. (Vought) appeals from a judgment following a bench trial on its claims against homeowner Jay Stock. Vought sought recovery of the balance due on his contract for the renovation of a house owned by Stock, additional compensation pursuant to a disputed change order, and penalties for the violation of a prompt-payment statute, Civil Code section 8800 (section 8800). Stock did not dispute the unpaid amount Vought had earned for finished work under the terms of their agreement as modified by approved change orders, but he disputed the claim for additional compensation and asserted an offsetting claim for liquidated damages for delay. The court held that Vought was entitled to the undisputed balance due plus approximately half the disputed amount it claimed in additional compensation; that Stock was entitled to approximately half the amount he claimed as…