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SEHULSTER TUNNELS/PRE-CON v. TBO

No. D036734

4 Cal.Rptr.3d 655 (2003)

111 Cal.App.4th 1328

SEHULSTER TUNNELS/PRE-CON, Plaintiff, Cross-defendant and Respondent, v. TRAYLOR BROTHERS, INC./OBAYASHI CORPORATION, Defendant, Cross-complainant and Appellant; Traylor Brothers, Inc., et al., Defendants and Appellants; City of San Diego, Defendant, Cross-defendant and Appellant; Sehulster Tunnels, Inc., et al., Cross-defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

September 12, 2003.

Attorney(s) appearing for the Case

Hillyer & Irwin, Robert L. Zajac, Robert P. Allenby; McKenna, Long & Aldridge, Mark G. Budwig and Michael H. Fish, San Diego, for Defendant, Cross-complainant and Appellant; and for Defendants and Appellants.

McAtee & Harmeyer, Greg A. McAtee; Casey Gwinn, City Attorney, Anita Noone, Assistant City Attorney, and Michael R. McGuinness, Deputy City Attorney, for Defendant, Cross-defendant and Appellant.

Paul, Hastings, Janofsky & Walker, Glenn Douglas Dassoff, Costa Mesa, and Lisa M. La Fourcade, for Plaintiff, Cross-defendant and Respondent; and for Cross-defendants and Respondents.

Certified for Partial Publication.*

BENKE, Acting P.J.

These appeals involve a $90 million contract (the Prime Contract) to build the South Bay Ocean Outfall Project (the Project), a 3.5-mile tunnel under the Pacific Ocean to discharge treated sewage at sea. The City of San Diego (City) was the Project owner, Traylor Brothers, Inc./Obayashi Corporation, a joint venture (TBO), was the general contractor and Sehulster Tunnels/Pre...

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