West Pacific Electric accuses contractor of breach of contract

By Jenie Mallari-Torres | Feb 15, 2018

SACRAMENTO — A California utility company is suing prime contractors, alleging breach of contract and fraud.

SACRAMENTO — A California utility company is suing prime contractors, alleging breach of contract and fraud.

West Pacific Electric Company Corporation filed a complaint Jan. 30 in U.S. District Court for the Eastern District of California against Dragados/Flatiron, Liberty Mutual Insurance Company et al., alleging they owe more than $1 million for beach of duty, good faith and fair dealing.

According to the complaint, on Oct. 25, 2016, West Pacific Electric and Dragados/Flatiron entered into a contract for the plaintiff to install telecommunications along the high-speed rail project between Bakersfield and Fresno. West Pacific Electric alleges it has lost money or property and suffered injury in fact as a result of defendants' fraudulent business practices and representations.

The suit says the defendants have failed to properly compensate the plaintiff for labor, equipment, services and materials received under a written subcontract. 

The plaintiff alleges the defendants concealed material facts that caused substantial monetary damages to West Pacific Electric failed to make timely payments due to plaintiff, delayed the plaintiff’s performance of its work on the project and forced the plaintiff to incur additional costs.

West Pacific Electric seeks trial by jury, damages of at least $20,280.03 and of $1.03 million, compensatory damages of $7,500, rescission of contract, restitution of all benefits, consequential and punitive damages, costs of suit, attorney fees, interest, and all further relief the court deems just. It is represented by attorneys D. Michael Schoenfeld and Lisa D. Nicolls of Murphy Austin Adams Schoenfeld LLP in Sacramento.

U.S. District Court for the Eastern District of California case number 18-cv-166

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