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.