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HOWARD CONTRACTING v. MacDONAL CONST.

No. B115886.

83 Cal.Rptr.2d 590 (1999)

71 Cal.App.4th 38

HOWARD CONTRACTING, INC., Plaintiff and Respondent, v. G.A. MacDONALD CONSTRUCTION CO., INC., Defendant, Cross-Complainant and Respondent; City of Los Angeles, Cross-Defendant and Appellant; Soil Retention Systems, Inc., Movant and Appellant.

Court of Appeals of California, Second District, Division Seven.

As Modified January 20, 1999.

Review Denied March 31, 1999.

Attorney(s) appearing for the Case

K. Martin White for Movant and Appellant Soil Retention Systems, Inc.

James K. Hahn, City Attorney, Jerome Montgomery, Assistant City Attorney, and James Patrick Nollan, Deputy City Attorney, Los Angeles, for Cross-Defendant and Appellant City of Los Angeles.

Irwin Chasalow for Plaintiff and Respondent Howard Contracting, Inc.

Monteleone & McCrory, LLP, Patrick J. Duffy and G. Robert Hale, Los Angeles, for Defendant, Cross-Complainant and Respondent G.A. MacDonald Construction Co., Inc.

ROLAND, J.*

SUMMARY

A general contractor on a public works construction project is permitted by statute to recover damages arising out of delays attributable to a municipality's acts or omissions, notwithstanding the municipality's status as a charter city and a clause in the contract precluding an award of damages for delay. Further, a subcontractor on the project who seeks to prosecute a claim for delay damages on a pass-through...

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