The firm’s client was the prime contractor on a federal design-build construction project—a new fire station on a United States Naval Base. A site work subcontractor submitted inflated time and materials billings for substantial work on the project. The design-builder denied the billings and the subcontractor filed a Miller Act lawsuit in federal court. The firm represented the design-builder and forced the case into arbitration pursuant to the subcontract.
After a four-day arbitration, the arbitrator agreed with the firm that the subcontractor’s claims were substantially inflated, awarded the subcontractor only a fraction of what it sought and denied the subcontractor’s claim to recover attorneys’ fees. The subcontractor recovered less than the design-builder offered to pay to settle, and, after fees and costs, the subcontractor netted a negative return for its efforts. Not satisfied with the result, the subcontractor petitioned the federal court to overturn the award—the firm opposed. The federal court agreed with the firm that the arbitration award was proper and denied the subcontractor’s petition, vindicating the design-builder.
Counsel: P. Randolph Finch Jr.