Wilke Fleury Prevails in Construction Dispute

Wilke Fleury attorneys Steve Williamson and Daniel Egan recently obtained a jury verdict in favor of their client and against a general contractor after a one week jury trial in the United States District Court for the Eastern District of California. Mr. Williamson and Mr. Egan represented a bankruptcy trustee on behalf of the bankruptcy estate of an electrical subcontractor in order to collect monies owed for labor and materials provided in the construction of an 81 unit apartment complex in Suisun City, CA.

In rendering its verdict, the jury agreed that the electrical subcontractor completed all of the work required under the subcontract agreement and also furnished additional/different labor and materials as requested by the general contractor. The defendant general contractor argued that the electrical subcontractor was not entitled to any payment for additional/changed work, as the project manager was not authorized to make decisions regarding additional/different work and because the work for which the electrical subcontractor sought payment was already required under the subcontract. The defendant also argued that, as to the balance owing under the subcontract agreement, it should be reduced by the amount defendant allegedly incurred to fix some work done by the subcontractor.

The jury awarded the trustee the full balance owed under the subcontract agreement and also awarded more than half of the amount sought for additional/different work performed at the request of the project manager. Messrs. Williamson and Egan were assisted in presenting the case by paralegal Sharon Brazell.