Hunt Ortmann Palffy Nieves Darling & Mah, Inc. is proud to announce a major victory last week in a month-long jury trial held in San Luis Obispo County Superior Court. Lead trial counsel John Darling and second chair Patricia Wolfe represented a family-owned general engineering contractor in business for over 40 years, who was hired for a construction project by the defendant, a California Central Coast municipality.
The project was rife with delays caused in part by design flaws as well as the municipality’s inability to promptly secure a key vendor for the project. However, in spite of these facts, at the conclusion of the project the municipality assessed liquidated damages against our client in the amount of $69,000 ($1,000 per day) because the contracted services went over the allotted contract time. The liquidated damages were withheld from retention payments due to the contract upon completion of the project.
At trial, the staff for the municipality unsuccessfully argued that our client was responsible for the delays on the project and that additional work on the project was never approved. The arguments of the Hunt Ortmann trial team resonated with the jurors, who were convinced that the municipality had failed to pay the client the money it was owed, and unfairly and in bad faith interfered with the client’s right to receive the benefits of the contract.
The unanimous jury verdict awarded the client damages as well as recovery of attorney’s fees and costs.
Congratulations to our client and Hunt Ortmann on this tremendous victory!
Additional recognition for this trial victory goes to the team of Hunt Ortmann attorneys, paralegals, and staff who supported and assisted at the highest level from case inception throughout trial.