Lambert v. Superior Court

In Lambert v. Superior Court (1991) 228 Cal.App.3d 383, the California Supreme Court addressed the issue of whether the contractor's lien could include "delay/interest damages." (Id. at pp. 385, 388.) The construction contract included a provision which permitted delay damages to be billed as extra work. (Id. at p. 388.) The court in Lambert held that section 3123 does not allow damages based on delay, regardless of whether the construction contract describes them as extra work. ( 228 Cal.App.3d at p. 389.)