The firm obtained summary judgment on behalf of a sheet metal supplier in connection with a public works project for the construction of a new dock. The supplier’s customer, a subcontractor on the project, refused to pay the supplier after a dispute arose with the general contractor. The supplier was then drawn into a multi-party litigation, significantly increasing the suppliers’ costs. The subcontractor contended the supplier failed to provide certain parts and warranties required by the parties’ supply agreements. After engaging in discovery and obtaining key testimony from principal witnesses, the firm successfully brought a motion for summary judgment on the grounds the supplier had fully discharged its obligations under the supply agreements. The supplier was awarded the full amount of its principal claim and interest. In addition, the supplier received a substantial award of attorneys’ fees and costs, which were significantly more than the supplier’s principal claims but which had been precipitated by the subcontractor’s litigation tactics.
The subcontractor appealed. The firm diffused each of the contractual arguments asserted by the subcontractor through the application of the fundamentals of contract law, and the critical evidentiary record it had prepared in support of the summary judgment motion. The appeal was defeated and the trial court award was affirmed.
Counsel: Jason R. Thornton and Scott M. Bennett