Defendant owner sought review of a judgment from the Superior Court of the City and County of San Francisco (California), which found for plaintiff contractor in an action that was brought after the owner allegedly breached a contract taking possession of and occupying a building after an earthquake without the contractor’s consent. The contractor sought review of a judgment allowing interest from the date of entry of the judgment.
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Overview
A building was damaged an earthquake, and the contractor and the owner decided to delay repairs. Following this decision, the contractor discovered workers doing repairs and the owner occupying the building without the contractor’s consent. Thereafter, the contractor brought an action for breach of the construction contract, and the trial court found for the contractor. When the owner sought review of the judgment and the contractor sought review of the decision to allow interest from the date of judgment, the court affirmed and modified. In affirming, the court held that although the contractor, who had not fully performed, could not maintain an action upon the contract, the contractor could sue for the reasonable value of labor, and thus, it was unnecessary for the contractor to prove facts rendering performance impossible. The court also held the owner had violated the contract ignoring the contractor’s right to continue construction and occupying the building without consent. In modifying, the court held interest should have been set from the date of the owner’s answer because the allegations had constituted an acknowledgment of the amount due to the contractor.
Outcome
The court affirmed a judgment finding for the contractor in the contractor’s breach of contract action that was brought after the owner took possession of and occupied a building without the contractor’s consent. The court also modified the judgment allowing interest from the date of the filing of the owner’s answer.
