Legal Question in Construction Law in California

Prejudgment interest

Lawsuit between homeowner and contractor. If the homeowner wins at trial, can the homeowner recover interest on the money paid to the contractor prejudgment - since the contract was not fulfilled, therefore the contractor should not have kept the money from the contract.


Asked on 3/21/00, 10:09 am

1 Answer from Attorneys

Thomas W. Newton Tims & Newton

Re: Prejudgment interest

In reply to your inquiry, let me offer the following:

Arguably yes � if the amount of damages could be liquidated, i.e., ascertainable and fixed from a date certain, I'd make a claim for prejudgment interest based on Cal. Civil Code � 3287.

Feel free to get back to me if you have other questions or comments. You can e-mail me at [email protected].

Best of luck.

Tom Newton

Feel free to let me know if you have questions or

comments. Now, let me give the "de rigeur" caveat:

The foregoing information is provided as an

accommodation only, and does not constitute legal

advice or a legal opinion based on a comprehensive

review of all relevant facts and documents, nor can

provision of such information be construed as

creating an attorney-client relationship.

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Answered on 3/28/00, 2:17 pm


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