The firm represented the general contractor in pursuit of its contract balance and additional time-related costs incurred on a multi-residential apartment project.
Owner in denial.
The owner withheld the entirety of the contractor’s contract balance claiming extensive project delays and resulting liquidated damages. The owner refused to accept responsibility for delays caused by extra work and defective plans, forcing the firm to file suit for the general contractor.
Legal action results in $1.5 million negotiated settlement.
Following a thorough analysis of project documents, extensive written discovery and limited depositions, the firm retained a scheduling expert and presented a detailed trial-ready schedule analysis which demonstrated, as the firm had argued from the outset of the dispute, the owner was responsible for delay. The owner’s assessment of liquidated damages was meritless. The firm ultimately negotiated a $1.5 million settlement payment from the owner to the general contractor after several rounds of mediation.
Counsel: Jason R. Thornton and Justin M. Stoger