Winco v. Progress

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After lengthy bench trial in San Francisco Superior Court, Mr. Myers obtained Judgment in favor of the firm’s client, a Missouri-based products supplier. The construction dispute involved issues of contract breach, alleged delay and tort claims. Mr. Myers’ client supplied windows and doors to two residential developments in the rapidly-developing Mission Bay district of San Francisco. Initially filed as a contract balance claim, the supplier faced hotly contested cross-claims of project delay and tortious conduct alleged by the projects’ glazing subcontractor. Following twelve days of testimony and argument, the case was submitted to the visiting trial Judge, Justice Rebecca Wiseman (ret.). The Decision resulted in a net recovery in favor of the supplier and against the subcontractor, general contractor and the surety that issued the bond for release of mechanic’s lien. The Decision squarely rejected all fraud, breach of contract and affirmative claims asserted in the cross-complaint against the supplier.
Winco v. Progress, et al., San Francisco County Superior Court Case No. CGC-14-537120

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