DIEDE CONST. v. MONTEREY MECHANICAL CO.

No. A102035.

22 Cal.Rptr.3d 763 (2004)

125 Cal.App.4th 380

DIEDE CONSTRUCTION, INC., Plaintiff and Appellant, v. MONTEREY MECHANICAL CO., Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

Rehearing Denied January 19, 2005.


Attorney(s) appearing for the Case

Bien & Summers, E. Elizabeth Summers, Elliot Bien, Novato, Ray Thomas Rockwell, Walnut Creek, for plaintiff and appellant.

Bell, Rosenberg & Hughes LLP, Roger M. Hughes, Teresa Jenkins Main, Oakland, for Amicus Curiae on behalf of Construction Employers' Association.

McInerney & Dillon, Timothy L. McInerney, Oakland, for defendant and respondent.


POLLAK, J.

Plaintiff Diede Construction, Inc. (Diede) was awarded a $12 million contract to renovate the city hall in the City of Livermore (the city). After the bids were opened but before Diede executed a contract with the city, defendant Monterey Mechanical Company (Monterey), a subcontractor Diede had listed in its bid pursuant to Public Contract Code1 section 4104, informed Diede that...

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