Fisk Electric Company v. Webcor Builders, Inc.

Good Law
United States District Court, Northern District of CaliforniaApril 7, 20233:18-cv-07671California3,142 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FISK ELECTRIC COMPANY, Case No. 18-cv-07671-EMC

Plaintiff,

ORDER GRANTING PLAINTIFF’S

v. MOTION FOR LEAVE TO FILE

THIRD AMENDED COMPLAINT

OBAYASHI CORPORATION, et al., Docket No. 137 Defendants.

12 13 This case relates to the Transbay Transit Center Project. In 2009, the Transbay Joint Powers Authority (“TJPA”) entered into a written contract with the Webcor/Obayashi Joint Venture (“WOJV”) related to the construction of the Project. Under the contract – hereinafter referred to as the Prime Contract – WOJV was to provide certain pre-construction services, serve as the construction manager/general contractor, and manager/administer subcontracts with trade subcontractors. WOJV subsequently entered into a written contract – hereinafter referred to as the Subcontract – with Fisk Electric Company (“Fisk”), under which Fisk agreed to provide electrical work for the Project. In the case at bar, Fisk has sued, inter alia, the…

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