Amelco Electric v. City of Thousand Oaks

WERDEGAR, J., Dissenting.

It has long been the rule in this state,1 in other states,2 and in federal court,3 that when an owner enters into a construction contract with a builder or contractor, and the owner thereafter *249“imposes upon the contractor an excessive number of changes such that it can fairly be said that the scope of the work under the original contract has been altered” (Peterson, supra, 172 Cal.App.3d at p. 640), the law provides the contractor a remedy. When such a situation arises in this state, the original contract is considered mutually abandoned and replaced with a new…