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Delayed Payment Not A Breach Of Contract

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Clark Bros. v. N. Edwards Water Dist., No. D077200, 2022 Cal. App. LEXIS 331 (Ct. App. Apr. 22, 2022)

Under Public Contracts Code 20104.50, a government entity that pays a contractor more than 30 days after receipt of an undisputed payment request must pay the contractor 10% interest on the delayed payment.  However, this decision holds that payment more than 30 days after receipt is not a breach of the construction contract if that contract only incorporates the Public… Read More