Valerio v. Andrew Youngquist Constr., 103 Cal. App. 4th 1264 (2002)

Andrew Youngquist Construction (a general contractor doing business as Birtcher Construction Services) solicited bids from subcontractors to build the Brenden Theater complex in Vacaville. Birtcher awarded Valerio the painting subcontract on the condition that he submit a performance bond. Valerio began working on the project even though he had not received an executed contract and despite his failure to submit a performance bond. Eventually, Birtcher had to bring in additional painters to supplement Valerio’s crew. Valerio never provided a performance bond nor did he receive an executed contract or payment from Birtcher. Valerio sued Birtcher for breach of contract and quantum meruit (seeking, in the alternative, the value of the services he had performed). The trial court found there to be no written contract between the parties despite Valerio’s judicial admissions regarding the existence of same. The Court of Appeal reversed the judgment, holding that Valerio was bound by his judicial admissions that a contract existed between the parties.