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General Contractor v. Public Owner

The firm’s client was the general contractor on a local public works project.  The general contractor contended the project was delayed and disrupted by the public owner and its construction manager.  The public owner claimed liquidated damages and that certain work items were either improperly or insufficiently completed and withheld approximately $2.2 million owed to the general contractor.

The firm represented the contractor in multiple settlement conferences, site inspections and mediation.  The firm worked closely with the contractor to investigate and analyze each of the public owner’s claims and refuted them in a comprehensive presentation to the public agency’s representatives.  As a result of the firm’s efforts, the public owner released the withheld amounts and executed an additional $1.2 million change order to compensate the general contractor for its delay, extra work, and disruption costs.  The firm’s knowledge of delay and extra work claims allowed the general contractor to succeed in its claims without a lawsuit against the public owner, allowing the contractor to minimize its claims history.

Counsel: Jeffrey B. Baird and Daniel P. Scholz

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