The firm represented the general contractor concerning the default termination of a framing subcontractor on a remote USACE project. The case was filed by the general contractor against the subcontractor and its performance bond surety. The claims included the general contractor’s for costs to complete and delay, and by the subcontractor for wrongful termination, lost profits and extra work. The case was arbitrated over four days resulting in an award in favor of the general contractor against both the subcontractor and its surety. In a total amount exceeding $2.5 million, including an award of fees and costs in excess of the penal sum of the bond. Notably, the surety never made an offer to settle.
Counsel: P. Randolph Finch Jr. and Andrea L. Petray