Legal Opinion
Pacific Employers Insurance v. City of Berkeley
California Court of Appeal
Decided July 9, 1984No. A016128PublishedCited by 21 opinions
1Opinion of the Court
Opinion
BARRY-DEAL, J.
Pacific Employers Insurance Company (Pacific) appeals from a summary judgment entered in favor of the City of Berkeley (the city) which established that the city was entitled to withhold certain funds as liquidated damages from its payment to Pacific under a construction contract for which Pacific was the completing surety. We affirm.
The Facts
On or about November 26, 1974, the city entered into a contract with Emerald Builders (Emerald) for construction of the James Kenney Park Community Recreation Center, for the total sum of $759,061. Initially construction was to be…
2Cases cited20 opinions
- Six Companies of Cal. v. Joint Highway Dist. No. 13 of Cal.Supreme Court of the United States · 1940
- Trinity Universal Insurance Company and First National Bank in Dallas v. United StatesCourt of Appeals for the First Circuit · 1967
- United States Leasing Corp. v. duPontCalifornia Supreme Court · 1968
- Roberts v. Security Trust & Savings BankCalifornia Supreme Court · 1925
- Bacigalupi v. Phoenix Building & Construction Co.California Court of Appeal · 1910
15 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Cates Construction, Inc. v. Talbot PartnersCalifornia Supreme Court · 1999
- Boys Club of San Fernando Valley, Inc. v. Fidelity & Deposit Co.California Court of Appeal · 1992
- General Insurance v. Mammoth Vista Owners' Ass'nCalifornia Court of Appeal · 1985
- Fort Bragg Unified School District v. Colonial American Casualty & Surety Co.California Court of Appeal · 2011
- United States of America on Behalf and for the Benefit of Army Athletic Association and Naval Academy Athletic Association v. Reliance Insurance Company, Reliance Insurance Company, Third-Party-Plaintiff v. Army-Navy '83 Foundation, a California Non-Profit Corporation Robert H. Finch, an Individual and Rolfe G. Arnhym, an Individual, Third-PartyCourt of Appeals for the Third Circuit · 1986
16 more not listed; retrieve them via the Exa API.