General Contractor v. Trade Subcontractors

​​The Firm’s client was the engineering contractor for construction of over $250 million in upgrades to a water treatment plant.  The engineering contractor subcontracted out portions of the major structures.  After the structures were constructed and put to use, rust spots appeared on the concrete walls.  The project owner required the contractor to perform extensive investigation of the cause of the rust and implement a repair plan.  The investigation and repair process delayed the project for more than 700 days and cost more than $6 million to repair.  The firm represented its client in filing suit against the subcontractors to recover delay damages for loss of use of the project, investigation costs, and repair costs based on their failure to perform their work in accordance with the project plans and specifications, and industry standards.  After extensive discovery, several expert intensive mediation sessions, defeating a summary judgment motion, and shortly before a jury trial, the firm negotiated payment to its client of over $6 million to resolve the case.