New Tangram LLC vs. River Park Properties II

On July 01, 2024, the California jury returned a $34,302.76 verdict in favor of Cross-complainant River Park Properties II in the present breach of contract lawsuit.

Case Background

On October 22, 2020, New Tangram LLC filed a complaint for breach of contract before the California State, Fresno County, Superior Court. Judges Gabriel Brickey, Jeffrey Y. Hamilton, Jr., Jon M Skiles, and Kimberly Gaab presided over this case. [Case number: 20CECG03132]

Cause

On January 23, 2020, Plaintiff New Tangram LLC and Defendant River Park Properties II executed a Construction Contract. Following this, Tangram carried out the work specified in the Contract and according to tenant improvement drawings included in the Contract.

During Tangram’s performance, a dispute arose with River Park, who subsequently withheld payment of the contractual balance owed to Tangram. Tangram fulfilled all obligations under the agreement, including providing additional labor and materials to the Project, except where prevented or excused by Defendant.

River Park allegedly breached its subcontract with Tangram by failing and refusing to remit the outstanding amount due under the Contract. Tangram filed a lawsuit against River Park alleging breach of contract.

Damages

The labor, goods, and materials that Tangram provided for the Defendants were valued at more than $1,072,598.65. The remaining balance owed to Tangram on this amount was $99,946.47, plus interest at the legal rate per annum.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): New Tangram LLC
    • Counsel for Plaintiff(s): Theresa Crawford Tate
  • Defendant(s): River Park Properties, II
    • Counsel for Defendant(s): Timothy L. Thompson

Claims

New Tangram LLC filed this lawsuit stating that River Park properties had breached their contract by withholding payment and had caused them damages by failing to reimburse them the cost of labor and materials.

Defense

River Park Properties denied the allegations of breach of contract and asserted various affirmative defenses. In addition, they filed a cross-complaint on October 22, 2020. The cross-complaint stated that the Cross-defendant New Tangram LLC had violated the Construction Contract by failing to complete the required work by approximately April 3, 2020. Additionally, New Tangram had initiated legal action against Cross-Complainant, River Park Properties contravening Section 14 of the Construction Contract regarding dispute resolution.

Jury Verdict

On July 01, 2024, the California jury returned the verdict in favor of Cross-complainant River Park Properties II. The jury found that New Tangram LLC had not completed the work as stipulated in the contract. New Tangram LLC was not entitled to recover damages.

The jury held that River Park Properties had been damaged by Tangram’s failure to act and breach of contract. They awarded $34,302.76 in damages to River Park Properties against New Tangram LLC.

Court Documents:

Available upon request