The firm’s client was terminated by a City for default for not proceeding with massive dewatering work necessary for a new pipeline project, and the City made demand on the client’s performance bond surety to complete the work. The firm promptly analyzed the situation and made demand on the City for material breach for failure to provide any geotechnical or subsurface water information pre-bid, including failure to define a dewatering scope in the bid documents and contract. The firm also convinced the client’s surety to back the client’s position and refuse to honor the performance demand. The City was persuaded to convert the termination from default to one for convenience, and the client was paid for its work. The client’s surety was so impressed with the firm’s efforts, it waived its fee reimbursement claim against the client.
Counsel: P. Randolph Finch Jr. and Daniel P. Scholz