Legal Opinion

Brawley v. J.C. Interiors, Inc.

California Court of Appeal

Decided April 8, 2008No. F050279, F051448PublishedCited by 13 opinions

[CERTIFIED FOR PARTIAL PUBLICATION*]

1Opinion of the Court

Opinion

ARDAIZ, P. J.—

INTRODUCTION

After fire destroyed an office building known as the Olivewood Medical Arts Center, the four owners of the building contracted with a builder (J.C. Interiors, Inc.) to rebuild the basic structure or “shell” of the building. The contract called for five separate installment payments (or “draws”) of 18 percent of the $532,226 contract price (approximately $96,000 each) plus a “retention” of 10 percent to be paid 30 days after completion of the project. When the owners failed to pay the third draw after the builder claimed it was due, the builder walked off the…

2Cases cited20 opinions

  1. Blank v. KirwanCalifornia Supreme Court · 1985
  2. Denham v. Superior CourtCalifornia Supreme Court · 1970
  3. Chia-Lee Hsu v. AbbaraCalifornia Supreme Court · 1995
  4. Nestle v. City of Santa MonicaCalifornia Supreme Court · 1972
  5. ComputerXpress, Inc. v. JacksonCalifornia Court of Appeal · 2001

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3Cited by13 opinions

  1. Berkeley Cement, Inc. v. Regents of the Univ. of Cal., California Court of Appeal, 5th District2019
  2. In re Del BiaggioUnited States Bankruptcy Court, N.D. California · 2012
  3. James L. Harris Painting & Decorating, Inc. v. West Bay Builders, Inc.California Court of Appeal · 2015
  4. San Pablo Bay Pipeline Co. LLC v. Public Utilities CommissionCalifornia Court of Appeal · 2013
  5. Berkeley Cement, Inc. v. Regents of the Univ. of Cal.California Court of Appeal · 2019

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