The firm’s client was the prime contractor responsible for construction of a new stormwater system on a local public entity’s high school campus. The project was plagued with design errors from the outset, resulting in delay to the start of construction, standby, inefficiency, and interruption of the construction. The contractor’s damages included labor escalation, direct field costs for equipment and facilities, extended project management, and unabsorbed home office overhead.
THE FIRM’S EARLY INVOLVEMENT PAYS OFF.
The contractor got the firm involved early to assist with preparation and submission of a claim and to make sure its rights were preserved. The entity initially rejected the claim, relying on technical defenses. In response, the firm guided the contractor through the contract claim process — including an informal meet and confer — and was able to rebut each of the entity’s arguments. Ultimately, following the informal meeting, the entity agreed to settle the claim by paying the majority of the contractor’s damages, including a substantial portion of the home office overhead.
Counsel: Jason R. Thornton and Scott M. Bennett