Bannaoun Engineers Constructors Corp. v. CivilSour
The City of Cypress (the City) entered into a contract with CivilSource, Inc. (CivilSource) to draft the plans for a street widening project. The City awarded the construction contract for the project to general contractor Bannaoun Engineers Constructors Corporation (Bannaoun). After a subcontractor sued Bannaoun and others on the ground it was not paid for its work on modifying a traffic signal for the project, Bannaoun cross-complained against, inter alia, CivilSource, alleging that flaws in CivilSource’s plans resulted in project delays that caused Bannaoun to suffer damages. Bannaoun’s claim against CivilSource was based on both tort and contract theories of liability. The trial court sustained CivilSource’s demurrers to the claim against it in Bannaoun’s third and fourth amended cross-complaints, without leave to amend, thereby respectively dismissing the tort and contract aspects of its claim against CivilSource.
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