December 22, 2003

Sehulster Tunnels/Pre-Con v. Traylor Bros., Inc./Obayashi Corp.

111 Cal.App.4th 1328, 4Cal.Rptr.3c 655 (2003)
The Supreme Court of California on December 9, 2003 denied the appeal, as well as a request to “depublish” the decision.
In the court of appeals ruling, the tunnel liner supplier successfully argued the dispute review board (DRB) was biased and not a precedent to litigation, prevailing on extra costs and attorney fees for design changes by the general contractor. [The appeals court opinion is available for download at the Construction Claims Online website.]

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