Gordon & Rees partner William J. Peters and associate Candice B. Macario of San Francisco won a judgment for their client, a plaintiff subcontractor, after a weeklong bench trial and filing trial briefs in Alameda County Superior Court. Peters and Macario argued on behalf of their client, who brought a breach of contract claim against the general contractor on a public works project. They also defeated the cross-complaint filed by the defendant.
During testimony, Peters’ questioning forced the defendant to admit it failed to proffer the key company employee with knowledge of the project. This fact was critical in the court’s finding that throughout this testimony, “what stands out is the lack of testimony from Defendant to provide evidence sufficient to support its position.”
The court found for the plaintiff for the balance of the unpaid contract and awarded judgment in the plaintiff’s favor.