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S&S CUMMINS CORP. v. WEST BAY BUILDERS

No. A112977.

71 Cal.Rptr.3d 828 (2008)

159 Cal.App.4th 765

S&S CUMMINS CORPORATION, Plaintiff and Appellant, v. WEST BAY BUILDERS, INC., Defendant and Appellant.

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

January 31, 2008.

Attorney(s) appearing for the Case

McInerney & Dillon, Timothy L. McInerney and LeCarie S. Whitfield, Oakland; Reed Smith, Paul D. Fogel, San Francisco, for Defendant and Appellant.

Thurbon & McHaney, Robert E. Thurbon, Jacqueline S. McHaney, Gold River, Erin E. Holbrook, for Plaintiff and Respondent.

Certified for Partial Publication.*

McGUINESS, P.J.

A project to build a public elementary school in Pleasanton suffered substantial delays. After the school was built, the general contractor, West Bay Builders, Inc. (West Bay), refused to release to the electrical subcontractor, S & S Cummins Corporation (Cummins), its share of "retention proceeds" that the school district paid to West Bay following the school's completion...

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