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CONDON-JOHNSON & ASSOCIATES, INC. v. SMUD

No. C050715.

57 Cal.Rptr.3d 849 (2007)

149 Cal.App.4th 1384

CONDON-JOHNSON & ASSOCIATES, INC., Plaintiff and Respondent, v. SACRAMENTO MUNICIPAL UTILITY DISTRICT, Defendant and Appellant.

Court of Appeal of California, Third District.

As Modified on Denial of Rehearing May 8, 2007.

Attorney(s) appearing for the Case

Downey Brand, Arthur G. Woodward, Rhonda Cate Canby, Kenneth Gino Zanotto, Michael J. Kuzmich, Sacramento, for Defendant and Appellant.

Watt, Tieder, Hoffar & Fitzgerald, Michael G. Long, Christopher M. Rogers, Irvine, for Plaintiff and Respondent.

BLEASE, Acting P.J.

Public Contract Code section 7104 1 requires that a local public entity that has contracted for public work involving an excavation deeper than four feet, issue a change order altering the contractor's cost of performing the work when the subsurface conditions at the jobsite materially differ from those "indicated" in the contract. (§ 7104, subds. (a)(2) & (b...

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