PDM Strocal, Inc. v. Fireman's Fund Insurance

MEMORANDUM **

J.A. Jones Construction Company, the design-build general contractor on the fed *916 eral courthouse construction project in Las Vegas, Nevada, and Fireman’s Fund Insurance Company (collectively referred to as “Jones”), appeal a portion of the district court’s $1.3 million judgment in favor of subcontractor, PDM Strocal, Inc. (“Strocal”). Because the parties are familiar with the facts, we recount them only as necessary to explain our decision. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

On appeal, Jones contends that the district court erred by not addressing the provision set forth in paragraph 8, subparagraph 2 of Schedule F of the subcontract, which addressed the pricing for changes not initiated by the owner. Additionally, Jones argues the district court erred by relying on conduct concerning changes that were not in dispute. Further, Jones argues the district court erred by awarding a quantum meruit recovery based on unit rates in the subcontract.

A large portion of the district court trial was devoted to determining the appropriate amount of compensation that Strocal should be awarded for the additional material and work arising from…