Craviolini v. Scholer & Fuller Associated Architects
| Decision Date | 21 December 1960 |
| Docket Number | No. 6664,6664 |
| Citation | 89 Ariz. 24,357 P.2d 611 |
| Parties | J. J. CRAVIOLINI and L. C. Anderson Company, Inc., doing business as a joint venture, Appellants, v. SCHOLER & FULLER ASSOCIATED ARCHITECTS, an Arizona corporation, and Emerson C. Scholer and Santry C. Fuller, Appellees. |
| Court | Arizona Supreme Court |
Nolen L. McLean, Tucson, for appellants.
Robert C. Stubbs, George B. Morse and James Elliott Dunseath, Tucson, for appellees.
Evans, Kitchel & Jenckes, Phoenix, amicus curiae.
This is an appeal from a judgment in favor of defendants-appellees and against plaintiffs-appellants, hereinafter designated plaintiffs and defendants as they appeared in the trial court.
On December 16, 1954, the Board of Supervisors of Pima County acting for and as the Board of Trustees of School District No. 1 of said county, entered into a contract with defendants as architects to draw plans and specifications for a school building in said district, and covering architectural, structural, plumbing, heating, electrical and other mechanical work and other duties including the supervision of the work. The contract authorized payments to the building contractor at the times and upon the conditions therein specified. The architects were by supervision of the work to endeavor to guard the owner against defects and deficiencies in the work of the contractors.
Thereafter, on March 17, 1955, the board of supervisors again acting as and for the Board of Trustees of School District No. 1, entered into a contract with plaintiffs as joint venturers to construct such school building (now known as the Catalina High School) according to the terms of the contract, plans and specifications for the agreed sum of $2,424,900. The building contractors thereupon entered upon the construction of said building under the supervision of defendants and carried the work on to completion. Plaintiffs claim (as will be hereinafter more particularly set out) that defendants pursued a course of conduct toward them characterized as willful, intentional and malicious which resulted in great damage to them.
On November 16, 1957, plaintiffs filed an action for damages against defendants in the Superior Court of Pima County and later filed an amended complaint in which they alleged, among other things, a conspiracy between Scholer and Fuller, architects, and their corporate entity, alleging that: the plans and specifications prepared by defendants did not make adequate allowances for expansion, contraction, deflection and camber and that when plaintiffs called their attention to such defects, defendants became enraged and thereafter maliciously, deliberately and intentionally undertook to bankrupt plaintiffs and to interfere with the contract relations between the plaintiffs and the board of supervisors, and that in seeking to induce a breach of such contract the defendants (1) issued contradictory instructions to plaintiff; (2) changed the plans and specifications without regard to the contractors added cost or time schedule; (3) required contractors, at their own expense, to cover up and conceal defendants' blunders and inherent defects in the original design; (4) delayed inspections called for in the contract between them and the board of supervisors resulting in exorbitant labor charges to plaintiffs which had to be borne by plaintiffs; (5) substituted materials called for in the contract for materials not specified therein; (6) interfered with the contractors in performing their duties by giving direct orders to subcontractors thereby preventing the contractors from integrating and coordinating the job; (7) arbitrarily refused to permit plaintiffs to use qualified subcontractors in certain phases of the work at added expense to the general contractor; (8) withheld funds due arbitrarily, long past the due date; (9) actively, bitterly and unsuccessfully opposed the payment over to the subcontractors through the general contractor of final balances due under the contract causing plaintiffs to spend large sums of money in attorneys fees to collect for their subcontractors monies due them, causing irreparable damage to plaintiffs' credit; (10) failed, neglected and refused to send into the board of supervisors and to the Home Finance Corporation, an agency of the Federal Government, plaintiffs' final claim and demand although requested repeatedly to do so (a) by plaintiffs (b) by the Board of Supervisors, and (c) by the Home Finance Corporation; (11) by means of false representation endeavored to induce plaintiffs' bonding company to take over plaintiffs' contract requiring plaintiffs to spend large sums of money to establish its competency to carry out its contract; (12) supplied the board of supervisors...
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...407 F.2d 1137 (4th Cir. 1969); Lundgren v. Freeman, 307 F.2d 104 (9th Cir.1962); Craviolini v. Scholer & Fuller Associated Architects, 89 Ariz. 24, 357 P.2d 611 (1961); Kecko Piping Company, Inc. v. Town of Monroe, 172 Conn. 197, 374 A.2d 179 (1977). In his treaties [sic], LEGAL ASPECTS OF ......
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...407 F.2d 1137 (4th Cir. 1969); Lundgren v. Freeman, 307 F.2d 104 (9th Cir.1962); Craviolini v. Scholer & Fuller Associated Architects, 89 Ariz. 24, 357 P.2d 611 (1961); Kecko Piping Company, Inc. v. Town of Monroe, 172 Conn. 197, 374 A.2d 179 (1977). In his treaties [sic], LEGAL ASPECTS OF ......