Brief Pacific Custom Pools v. Turner Construction Company

Brief Pacific Custom Pools v. Turner Construction Company -...

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Cameron Hartman 10/1/09 Seat #59 PACIFIC CUSTOM POOLS, INC. v. TURNER CONSTRUCTION COMPANY Facts: Universal studios entered into a contract with Turner Construction Company (TCC) for the construction of a theme park ride. TCP then entered into a subcontract with Pacific Custom Pools (PCP) to furnish and install all water treatment work for a price of $959,131. PCP worked on the project from April 1995 until June 1996 and they were paid $897,719. From October of 1995 until March of 1996, PCP’s contractor’s license was under suspension, and their license was expired as of January 31, 1996, and not renewed until May 5, 1996. PCP brought a lawsuit against Universal Studios and TCC for the remainder of the contract price. History: The trial court ruled in favor of the defendant, Turner Construction Company.
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Unformatted text preview: Issue: Is Pacific Custom Pools subject to the entirety of the previously determined $959,131 payment for services? Decision: No, they are not. The trial court’s decision was affirmed. Reasons: Pacific Custom Pools (PCP) should have been reasonably certain that their contract was void for several reasons. PCP knew that their license was suspended and that the deadline date was January 31, 1996. They also knew that their renewal application sent in February was untimely. PCP was also advised in April of 1996 that their license had not been renewed because their filing fee check had been dishonored. Thus, PCP did not act in a reasonable manner to maintain licensure, so they are not subject to the full payment of $959,131....
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This note was uploaded on 09/17/2011 for the course BLAW 300 taught by Professor King during the Spring '11 term at University of Phoenix.

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