# 1305419, Plowboy Landscapes v. Melchiori Const. , filed 2/4/09

Plaintiff’s Attorneys: Joshua E. Lynn & Kristine L. Mollenkopf

Verdict: $5,800,000.00                                          Dept 6, Hon. Denise de Bellefeuille

General contractor prosecuted a consolidated action against developer with approximately 30 underlying mechanic’s liens by subcontractors, arising out of construction of a mixed-use project with 43 condos in downtown Santa Barbara.  General Contractor sued on breach of contract and false promise, alleging developer delayed payment on numerous change orders, ordered work to be done without adequate financing, intentionally withheld monies due, and refused to authorize final payments.  Developer counter-claimed  for $2 million owing and alleged that general contractor substantially breached contract by not maintaining data files that Defendant asserted were necessary for auditing  job costs, that $3.7 million claimed by general contractor was actually for subcontractors, and that invoicing  of unauthorized work had been presented by general contractor’s workers.  Jury awarded $5.8 million.  Post-trial, court denied Defendant's motion for new trial and judgment notwithstanding the verdict.  Court allowed recovery of Plaintiff's costs totalling $94,467.39.

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