Lodge Construction, Inc. v. Far East GC Exponent, Inc.

CASANUEVA, Judge.

In this appeal from an adverse final judgment following a nonjury trial, defendant Lodge Construction, Inc. contends that the trial court erred by permitting evidence of amounts retained under contracts not placed at issue in the pleadings and by using these amounts in computing damages awarded to plaintiff Far East GC Exponent, Inc. We agree and reverse.

In its second amended complaint, Far East sued Lodge Construction in two counts: first, for a breach of a subcontract relating to the construction of an office building for U.S. Sugar Corporation, and, second, for quantum…