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Dispute Over Enforceability Of “Settlement Agreement” (Arbitration)

The Firm represented an auditing company in a dispute with a software development firm hired to develop software on a cost plus contract with a guaranteed maximum price. After several change orders, the software firm failed to deliver the promised software. The Firm initiated arbitration against the software developer seeking to recoup all funds paid after the initial scoping phase. The software developer defended the claim by arguing the client had released its claims in prior closeout negotiations where certain invoices were settled at a discount. An arbitration hearing was held on the question of settlement and release. After a tentative decision in favor of the client, the case was settled favorably to the client.

Counsel: Louis J. Blum

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