Procedural Posture

Procedural Posture

Procedural Posture

Plaintiffs roofers filed suit against defendant, construction company, alleging breach of contract. The Superior Court of Los Angeles County (California), entered a judgment for the roofers. The construction company challenged that judgment.

California Business Lawyer & Corporate Lawyer, Inc. provides counsel on WARN Act Sale of Business

Overview

The roofers and the construction company entered into a contract that provided for the roofers to do the roofing on houses planned to be built. The contract did not specify a date on which defendant would start building the houses or on which the roofing would begin. When asked by the roofers when the construction would begin the construction company responded very shortly, but construction was never started. The construction company argued that there was insufficient evidence to support the trial court’s finding that a reasonable time for performance of the agreement had expired. The court found that because the contract specified no time for commencing performance of the construction company’s promise, a reasonable time was implied. The court found that factors such as statements from the construction company that financing had already been arranged and construction would start approximately by April 1st supported the trial court’s finding that a reasonable time for starting construction had expired.

Outcome

The court affirmed the judgment from the trial court in favor of the roofers.