J'Aire Corp. v. Gregory
Supreme Court of California
598 P.2d 60 (1979)
Relevant factsFree
J'Aire (plaintiff) leased restaurant premises from a county that hired Gregory (defendant) to upgrade the heating and air conditioning system. Though the contract set no completion date, J'Aire argued the work should have finished within a reasonable time, and Gregory's delay, despite J'Aire's repeated requests, forced the restaurant to stay closed and caused lost profits. J'Aire sued Gregory for negligence; the trial court sustained Gregory's demurrer for failing to state a claim, and J'Aire appealed.
IssueFree
Whether a contractor may be held liable for a tenant's foreseeable lost profits from failing to use due care to complete construction work within a reasonable time.