The firm successfully litigated and resolved a claim by its general contractor client for over $1 million arising from non-payment for construction of a $10 million mixed use retail/restaurant/office project. The developer filed bankruptcy when his construction lender commenced foreclosure proceedings at the completion of construction. The firm pursued remedies on behalf of its client for payment on stop notice, mechanic’s lien and breach of contract claims. The firm also coordinated five separate actions pending in state and federal courts, including actions by the developer and lender against each other for loan foreclosure, and predatory lending, and against the firm’s client and its performance bond surety for delay, liquidated damages, consequential damages, and recovery on the bond. Several subcontractors also recorded liens and filed suits. The firm ultimately resolved the various cases with recovery for its client of more than its principal claim with no payment by its client or its surety.
Counsel: P. Randolph Finch Jr. and Allison N. Lantz