D&M Construction v. Washington Internat. Ins. Co.
D&M Construction Inc. (D&M) appeals from a judgment entered upon the trial courts order granting the respondents, City of Los Angeles (the City) and Washington International Insurance Company (Washington), motion for judgment on D&Ms complaint. Under a contract with Washington, D&M agreed to complete a construction project for the City. Disputes arose concerning the project construction. The Citys Board of Parks & Recreation Commissioners (the Board)the Citys contracting agency for the projectconducted a review of the matter. As a result of the proceeding, the Board adopted findings that D&M was an objectionable entity under the contract documents and was in default. The Board directed Washington to remove D&M from the project. After D&M was terminated, it filed the instant lawsuit against Washington and the City for breach of contract and interference with contract, respectively. The matter proceeded to a bench trial. During the first phase of the trial, the court granted the Citys and Washingtons motions for judgment, ruling D&M failed to exhaust its administrative remedies to set aside the Boards determinations. The court held the Boards determinations were final and binding on D&M, and effectively created a defense to D&Ms affirmative claims. During a second phase of the case the court also ruled in favor of Washington and the City on their respective cross claims against D&M. The court also granted Washingtons and the Citys requests for attorneys fees. Affirm the judgment in all other respects.
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