The firm represented the prime contractor constructing a water reclamation and treatment project for a large water district. The project involved construction of novel UV treatment technology resulting in a series of substantial design changes and project delays throughout. The prime contractor engaged the firm early in the project, allowing the firm to provide support throughout the project – which spanned over several years – monitoring project delays, drafting key correspondence, advising on the collection of added costs, and collaborating with experts to track and record key project impacts.
The Firm’s Early Involvement Was Instrumental To Positive Resolution.
At the conclusion of the project, the prime contractor was owed several million dollars by the public agency comprised primarily of extended general conditions and change order work. However, the district asserted a substantial liquidated damages claim which it contended nullified the prime contractor’s claims, and sought payment of damages in excess of a million dollars. Fortunately, due to the firm’s early involvement, the prime contractor was properly positioned to defend the owner’s claim and prosecute its own claims for damages. The firm represented the prime contractor in the contractual and statutory claims procedures, participated in various face-to-face negotiations with the district, and secured a multi-million dollar settlement. The prime contractor paid no liquidated damages and recovered a the majority of its damages. The dispute was settled without the need for litigation.
Counsel: Jason R. Thornton and Scott M. Bennett