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I Contract Code section 20104.50 states that undisputed and properly submitted payment requests <br /> 2 from a contractor on a construction contract shall pay interest to the contractor equivalent to the <br /> 3 legal rate set forth in subdivision(a) of Section 685.010 of the Code of. Civil Procedure. <br /> 4 11. As a direct and proximate result of the aforementioned breaches by the Defendant <br /> 5 and DOES 1 through 100, Plaintiff has incurred damages exceeding the jurisdictional limits of this <br /> 6 Court, including costs and interest. <br /> 7 SECOND CAUSE OF ACTION <br /> 8 (Breach of Implied Warranty of Plans and Specifications <br /> g Against Defendant and DOES 1 through 100) <br /> 10 12. Plaintiff incorporates by reference as though set forth in full all allegations contained <br /> 11 in paragraphs 1 through 11, inclusive, of this Complaint. <br /> 12 13. The Defendant provided Plaintiff with a set of plans and specifications for the <br /> 13 Project before Plaintiff submitted its bid for the Project. In doing so, the Defendant represented, <br /> 14 im.pliedly or otherwise, that the plans and specifications provided were complete, accurate, and <br /> 15 suitable for their intended use. and further that the Project,as designed,could be constructed within <br /> 16 the time and schedule specified by the Defendant. <br /> 17 14. In preparing its bid for the Project,Plaintiff justifiably relied on the implied warranty <br /> 18 by the Defendant that the plans and specifications were complete, accurate, and suitable for their <br /> 19 intended use,and that the work of improvement,as designed,could be constructed pursuant to these <br /> 20 plans and within the time and schedule specified. <br /> 21 15. Contrary to these implied warranties, the plans and specifications furnished to <br /> 22 Plaintiff contained deficiencies and were incomplete, inaccurate,and unsuitable for construction of <br /> 23 the Project within the time and schedule specified by the Defendant, <br /> 24 16. As a direct and proximate result of the foregoing breach of the implied warranty <br /> 25 obligations of. the Defendant and its failure and refusal to timely process necessary corrections to <br /> 26 the design,Plaintiff has incurred damages in an amount to be proven at trial. <br /> 27 Ill <br /> 28 111 <br /> sMTa LAW LLe q <br /> A LIM111B LIAIIILITY <br /> PAFTNERsHIr NATIONWIDE GENERAL CONSTRUCTION SERVICES'S COMPLAINT <br />