The firm represented a prime contractor and its surety defending a lawsuit by an electrical subcontractor in connection with its work on a water treatment plant. The electrical subcontractor filed suit before its work on the project was complete, and sought considerable damages for subcontract balance, change order work, delay damages, and enforcement of a stop payment notice. The prime contractor disputed the claim due to defects in the subcontractors work, and believed the subcontractor, not the prime contractor, was responsible for delays on the project. The firm undertook the defense of the prime contractor, filed a cross-complaint, and through the course of discovery, assisted the prime contractor to assert its affirmative claims. The firm demonstrated the subcontractor’s claims were significantly less than the amounts being sought. After a series of negotiations with the electrical subcontractor, the firm obtained resolution at a significant discount to the prime contractor’s total exposure, and the lawsuit was dismissed in its entirety.
Counsel: Jason R. Thornton and Scott M. Bennett