M&C Prevails in Breach of Contract Jury Trial

July 28, 2011

Michael D. McEvoy, Sr., Daniel G. Pezold and Maria A. Starn received a verdict in favor of their client, a subcontractor, in a breach of contract case. The client was also found not negligent on a cross-complaint brought by the defendant alleging construction defects.

The subcontractor filed suit against the defendant because he was owed over $90,000 on his contract for completed work. In the cross-complaint, the defendant alleged that the contract was not paid in full because cosmetic issues with the concrete delayed the defendant’s store opening, resulting in lost earnings.

M&C’s client prevailed after a four-week jury trial. The subcontractor was awarded $92,000, plus ten percent interest for the last two years of nonpayment, and was found zero percent at fault for the construction defects.