The firm represented a prime contractor in arbitration relating to two projects; the construction of an art gallery and renovations of a school gymnasium. The prime contractor was defending claims from its demolition subcontractor on both projects, which was seeking considerable damages for additional work, as well as claims for interest, prompt payment penalties, and attorneys’ fees. The subcontractor contended the added work at issue was excluded from its subcontract, and did not appear on the demolition plans for either project. The subcontractor refused the prime contractor’s attempts to settle the claims early on in the arbitration, leaving the firm’s client with no option but to defend the claims. After multiple days of arbitration, the firm had dismantled the subcontractor’s claims by presenting a series of factual and contractual defenses. Before the final decision was rendered, the prime contractor made a final offer to settle, and obtained a settlement for a fraction of the principal claims at issue. Through its vigorous advocacy at arbitration, the firm was able to defend all claims for penalties, interest, attorneys’ fees, and costs.
Counsel: Jason R. Thornton and Scott M. Bennett