W. J. Lewis Corp. v. C. Harper Construction Co.

Opinion

KINGSLEY, Acting P. J.

Plaintiff appeals from a judgment for defendant in an action based on an alleged breach of statutory duty. We affirm.

Defendant, as prime contractor, submitted a bid to the Culver City Redevelopment Agency for certain work proposed by that agency. Pursuant to section 4104 of the Government Code, it listed in its bid the name of plaintiff (who had submitted an oral bid) as the subcontractor for certain underground work called for in the proposed project. Defendant’s bid was accepted. It submitted to plaintiff a form of subcontract, which plaintiff refused to execute, demanding a subcontract containing other and different terms. After some period of negotiations, and with time for beginning performance running out, defendant sought from the agency, and received, permission to perform the underground work in question itself. Plaintiff here sues for damages, alleging that defendant had breached a statutory duty by eliminating it.

1

The trial court found against plaintiff; we agree.

[29]

Section 4107, subdivision (a) of the Government Code provides: “No prime contractor whose bid is accepted shall:

“(a) Substitute any person as subcontractor in place of the subcontractor listed in the original bid, except that the awarding authority, or its duly authorized officer, may, except as otherwise provided in Section 4107.5, consent to the substitution of another person as a subcontractor:

“(1) When the subcontractor listed in the bid after having had a reasonable opportunity to do so fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions, plans and specifications for the project involved or the terms of such subcontractor’s written bid, is presented to him by the prime contractor,

“(2) When the listed subcontractor becomes bankrupt or insolvent, or

“(3) When the listed subcontractor fails or refuses to perform his subcontract or

“(4) When the listed subcontractor fails or refuses to meet the bond requirements of the prime contractor as set forth in Section 4108, or