The firm successfully defended a general contractor and its surety against a lawsuit from a mechanical subcontractor. The subcontractor quit work on a construction project because of a dispute over payment with the general contractor. The subcontractor’s lawsuit sought approximately $200,000 plus attorneys’ fees for alleged contract and extra work. The firm brought a cross-complaint on behalf of the general contractor against the subcontractor for damages resulting from the subcontractor’s failure to complete its work on the construction project.
Early in litigation, the firm successfully obtained a writ of attachment against the subcontractor for its completion costs, which required the subcontractor to turn over the amount to the County Sheriff until the lawsuit was resolved. Additionally, the firm brought a motion for summary judgment against the subcontractor seeking to dismiss all of the subcontractor’s claims against the general contractor and surety and to award the general contractor damages against the subcontract. The court tentatively granted the firm’s motion for summary judgment. Prior to the motion for summary judgment being officially ruled upon, the subcontractor agreed to dismiss its lawsuit with prejudice with no liability or amount owed by the firm’s client or surety.
Counsel: Jeffrey B. Baird and Daniel P. Scholz