Pacific Pools Construction Co. v. McClain's Concrete, Inc.

OPINION

This is an appeal from a summary judgment. We have determined that the grant of summary judgment was partially improper as a matter of law. Accordingly, we affirm in part, reverse in part, and remand with instructions.

The following facts are not disputed. Respondent McClain’s Concrete, Inc. (McClain) performed subcontracting work for appellant Pacific Pools Construction Company (Pacific) from 1977 to 1981. Pacific failed to compensate McClain for the work done between August and November, 1981. In March of 1982, McClain contacted the State Board of Contractors to obtain assistance in…