Nationwide Contracting Services, Inc., D.B.A. Nationwide General Construction Services vs. City of Santa Ana

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I FIRST CAUSE OF ACTION 2 (Breach of Contract Against Defendant and DOES 1 through 100) 3 8. Plaintiff herein incorporates by reference as though set forth in full all allegations 4 contained in paragraphs i through 7, inclusive, of this Complaint. 5 9. Defendant and DOES 1 through 100 and individually, and by and through their 6 respective agents, have failed to perform their obligations under the Contract and have breached 7 the terms and conditions of the Contract by, including but not limited to: 8 a. Failing to timely pay Plaintiff for the work performed on the Project; 9 b. Failing to provide complete and accurate plans and specifications; 10 C. Failing to promptly perform obligations under the Contract; I I d. Requiring Plaintiff to provide labor,services, equipment and materials other 12 than those prescribed by the Contract without compensation therefore; 13 C. Failing to properly and competently administer the Project, including 14 processing and paying payment applications and paying retention and administering the claims 15 process; 16 f Failing to promptly review and approve valid change order requests; 17 g. Failing to properly and promptly follow the Contract's change order and 18 claims procedures; 19 h. Impacting, delaying or hindering Plaintiff's work, including altering 20 Plaintiff's means and methods, schedule, and sequencing; 21 i. Failing to properly manage and oversee the Defendant's agents and 22 consultants, thereby allowing these agents and consultants to mismanage the project, delay and 23 impact Plaintiff's work, and otherwise preventing Plaintiff from performing its obligations under 24 the Contract as originally planned; and 25 j. Failing to execute valid change order requests. 26 10. Plaintiff is informed and believes, and thereupon alleges, that it duly performed 27 and/or was excused from perfa ruing all of the terms and conditions required on its part to be 28 performed under the Contract, including the procedures for initiating and pursuing claims. Public 3MTD C ,w LLP _ 3 A LIAITTUD LSABILITY PAkTMBR51i1P NATIONWIDE GENERAL CONSTRUCTION SERVICFTS COMPLAINT