Arntz Builders v. City of Berkeley
In this action, plaintiff Arntz Builders (Arntz), a general contractor, and defendant City of Berkeley (the City) have been locked in a prolonged battle over who is responsible for construction cost overruns and schedule delays that occurred in the course of the Central Library restoration and expansion project. In more than nine years of litigation, including two appeals, the parties have yet to reach the merits of the underlying disputes.
In the first appeal, we reversed the trial court’s ruling that Arntz’s action was barred in its entirety for failure to file a claim pursuant to Government Code section 910. (Arntz Builders v. City of Berkeley (2008) 166 Cal.App.4th 276 (Arntz I).) In this appeal, we reverse the trial court’s ruling that Arntz’s action was barred in its entirety because (1) it failed to submit to the City a timely claim pursuant to the terms of the construction contract, and (2) it failed to submit an application for leave to present a late claim, pursuant to Government Code sections 930.4 and 911.4, subd. (b).[1]
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