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LEWIS JORGE CONST. v. POMONA UNIFIED SCHOOL

No. S112624.

22 Cal.Rptr.3d 340 (2004)

34 Cal.4th 960

102 P.3d 257

LEWIS JORGE CONSTRUCTION MANAGEMENT, INC., Plaintiff and Respondent, v. POMONA UNIFIED SCHOOL DISTRICT, et al., Defendants and Appellants.

Supreme Court of California.

Rehearing Denied February 16, 2005.

Attorney(s) appearing for the Case

Horvitz & Levy, Mitchell C. Tilner, John A. Taylor, Jr., Encino; Best, Best & Krieger, Howard B. Golds and Piero C. Dallarda, Riverside, for Defendants and Appellants.

Atkinson, Andelson, Loya, Ruud & Romo, Terry T. Tao, Cerritos, and Joseph J. Huprich for Education Legal Alliance of the California School Boards Association as Amicus Curiae on behalf of Defendants and Appellants.

Orbach & Huff, David M. Huff, Los Angeles, and Sima R. Salek for Coalition for Adequate School Housing as Amicus Curiae on behalf of Defendants and Appellants.

Case, Ibrahim & Clauss, F. Albert Ibrahim, Costa Mesa; Snell & Wilmer, Richard A. Derevan and Marc L. Turman, Irvine, for Plaintiff and Respondent.

Gordon & Rees and Thorsten J. Pray, San Francisco, for Associated General Contractors of California as Amicus Curiae on behalf of Plaintiff and Respondent.

KENNARD, J.

A school district terminates a construction contract when the contractor, four and a half months after the promised due date, still has not finished the project. The contractor's bonding company then hires another firm to complete the project, but it suspends then later reduces the amount of bonding for the contractor. The latter successfully sues the school district for breach of contract, recovering in...

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