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AMELCO ELECTRIC v. CITY OF THOUSAND OAKS

No. B129406.

98 Cal.Rptr.2d 159 (2000)

82 Cal.App.4th 373

AMELCO ELECTRIC, Plaintiff and Respondent, v. The CITY OF THOUSAND OAKS, Defendant and Appellant.

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

Review Granted October 25, 2000.

Attorney(s) appearing for the Case

Negele & Associates, James R. Negele, Esq., Los Angeles; Lascher & Lascher, Wendy C. Lascher, Esq., Ventura, for Defendant and Appellant.

Parker, Milliken, Clark, O'Hara & Samuelian, A Professional Corporation, Nowland C. Hong, Michael M. Mullins and Michael S. Simon, Los Angeles, for League of California Cities and Cities of Culver City, Moorpark, Murrieta, Poway, San Bernardino, Santa Rosa and Waterford as Amicus Curiae on behalf of Defendant and Appellant.

Watt, Tieder, Hoffar & Fitzgerald, Michael G. Long and Gregory J. Dukellis, Irvine, for Plaintiff and Respondent.

Bernard S. Kamine, Matt Steiner, Joseph M. Rossini, Kamine, Steiner & Ungerer, Los Angeles, for Engineering Contractors' Association as Amicus Curiae on behalf of Plaintiff and Respondent.

Thomas P. McGuire, Los Angeles, Joseph C. Malpasuto, Glendale, Monteleone & McCrory, Los Angeles, for Southern Contractors as Amicus Curiae on behalf of Plaintiff and Respondent.

Donald Bradley, Crowell & Moring, Irving, for General Contractors of California, as Amicus Curiae on behalf of Plaintiff and Respondent.

YEGAN, J.

The City of Thousand Oaks (City) appeals, after a jury verdict, awarding Amelco Electric (Amelco) $2,134,586 in damages for City's abandonment and breach of the contract to perform the electrical work required to construct the Thousand Oaks Civic Arts Plaza (the project).1

City contends the finding of abandonment must be reversed because a public works contract cannot be abandoned as a matter of law, there is no substantial...

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