S&S Cummins Corp. v. West Bay Builders, Inc.
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
Opinion
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. West Bay justified its refusal to pay Cummins its share of retention proceeds on the ground that Cummins had contributed to delays that caused West Bay to incur damages. Cummins sued for breach of…
2Cases cited6 opinions
- Haney v. United StatesUnited States Court of Claims · 1982
- Winick Corp. v. County Sanitation District No. 2California Court of Appeal · 1986
- Morton Engineering & Construction, Inc. v. PatscheckCalifornia Court of Appeal · 2001
- Westbrook v. FairchildCalifornia Court of Appeal · 1992
- Mendez v. KurtenCalifornia Court of Appeal · 1985
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3Cited by11 opinions
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- Blois Construction, Inc. v. FCI/Fluor/ParsonsCalifornia Court of Appeal · 2016
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