Tutor-Saliba Corporation, A California Corporation - Page 3




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          specific legal issue before us, and, accordingly, this matter is            
          ripe for judgment on the contested issue as a matter of law.  See           
          Rule 121(b).                                                                
                                     Background                                       
               Petitioner was organized pursuant to the laws of the State             
          of California on June 15, 1981.  At the time its petition was               
          filed, petitioner’s principal place of business was in Sylmar,              
          California.                                                                 
               Petitioner is a general contractor in the construction                 
          industry for public works projects, including highways and                  
          government-owned buildings, and large-scale private developments,           
          such as office towers.  Petitioner enters into contracts either             
          on a fixed price basis or on a cost-plus basis.  All of the                 
          contracts in issue in this case are fixed price contracts.  In a            
          fixed price contract, contractors formulate their bids on the               
          basis of the information contained in the architectural and                 
          engineering drawings, designs, and geological reports provided by           
          the contracting agency.  Due to changes in drawings or designs,             
          customer-caused delays, errors in the specifications of the                 
          drawings, designs, or reports, or other unanticipated delays,               
          additional work by the contractor is commonly required to                   
          complete the job satisfactorily.                                            
               The contracts in question obligate petitioner to complete              
          the job, and if it failed to do so, petitioner would be liable to           






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Last modified: May 25, 2011