The firm represented a general contractor on two publicly funded construction projects related to the client’s bonded structural steel subcontractor default in performance. The firm assisted the general contractor in default terminating the subcontractor pursuant to the applicable subcontract provisions, substituting a replacement subcontractor, and asserting a claim against the performance bond surety for the cost to complete the work and delay costs in excess of subcontract balance. The subcontractor’s surety initially denied the claim based on an exoneration defense. After the firm initiated arbitration against the subcontractor and its performance bond surety for the costs to complete and delay costs, the firm negotiated resolution of the claim which resulted in a seven figure payment to the general contractor for its cost to complete subcontractor’s work and the delay costs, plus all attorneys’ fees incurred. |
Counsel: P. Randolph Finch Jr. and Andrea L. Petray