Arntz Builders v. City of Berkeley
This litigation arises from the parties construction contract involving the renovation of the Berkeley Central Library. In the underlying litigation, Arntz Builders (Arntz) filed a complaint against the City of Berkeley (City) for breach of contract. A court trial ensued on whether Arntz complied with any applicable Government Code claim requirements. The trial court ruled that Arntz was required to present a Government Code section 910 claim in addition to complying with any contract claims procedures, and that it had failed to present a timely section 910 claim. Arntz appealed. Today, we reverse the trial courts judgment (Arntz Builders v. City of Berkeley (August 25, 2008, A116078) ___ Cal.App.4th ___, ___ [p. 28] (Arntz I)), concluding that the contracts claims procedure exclusively governed the claims to which it applied and that it did not require Arntz to file a statutory claim for disputed amounts exceeding $375,000 (Arntz Builders v. City of Berkeley (August 25, 2008, A116078) pp. 17, 27-28 [nonpub. part of partial pub. opn.].) Accordingly, in this related appeal, Court reverse the trial courts award of attorney fees. The judgment is reversed.
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