Westco Contractors v. Blazevich
In this breach of construction contract action, defendant and appellant John Z. Blazevich (owner) appeals from a judgment after a bench trial awarding $20,468.06 in damages and interest, and a mechanics lien to plaintiff and respondent Westco Contractors, Inc. (referred to as contractor, including Westco owner Jack Goldberg). Owner contends: (1) under the contract, contractor was precluded from conditioning performance on payment for disputed work; (2) owner was entitled to withhold payment on invoices because other work by contractor was defective; and (3) owners refusal to make further progress payments was not a material breach justifying contractors refusal to complete the work. Owner further contends that the matter should be remanded for a ruling by the trial court on whether the work was defective. Finding that substantial evidence supports the judgment and owner failed to request a ruling on the issue of defective work in the trial court, Court affirm the judgment.
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