Monday, August 22, 2005

Starrett Construction Prevails In Lawsuit

On July 15, 2005, Judge Lillian Y. Lim of the El Cajon Superior Court entered a judgment in favor of Starrett Construction, Inc. in the amount of $26,852.64 in the matter of Starrett Construction, Inc. v. Gary L. Franks dba G&S Concrete Construction, El Cajon Superior Court Case No. GIC847050. The judgment concluded 4 months of litigation.

Starrett Construction was the general contractor on a project known as the Stowe Plaza Shopping Center located at the Northwest corner of Scripps Poway Parkway and Stowe Drive in Poway, CA. Starrett Construction entered into a written subcontract with Gary L. Franks dba G&S Concrete Construction ("G&S") for site contract and masonry (i.e. sidewalks and other flatwork). Although, Starrett Construction paid G&S in full for the services rendered under the subcontract, G&S failed to pay for the concrete used on the project. As a result, the concrete supplier filed a mechanic’s lien against the project and a lawsuit to foreclose on the mechanic’s lien.

Starrett Construction reached a settlement with the concrete supplier on behalf of the project owner. Starrettt Contruction then sued G&S to recover the amount of the settlement. The Court's judgment includes the entire amount owed plus prejudgment interest. Starrett Construction was represented by Carl H. Starrett II.

About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar and the San Diego County Bar Association. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.

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