Morton Engineering & Construction, Inc. v. Patscheck

Opinion

CORNELL, J.

Respondent Morton Engineering & Construction, Inc. (Morton), was hired by appellant Stanley Douglas Patscheck (Patscheck), as a subcontractor on a public works project. Patscheck failed to pay Morton for its work. Morton obtained a judgment that included penalties for failure to pay progress payments and retention proceeds within the time required by Business and Professions Code section 7108.5 1 and Public Contract Code section 7107.

Patscheck appeals asserting the penalty provision in section 7108.5 can only be awarded in a disciplinary action before the Contractors’ State…