The firm represented a prime contractor in connection with a claim asserted by its underground utilities subcontractor on a project for the construction of public school classrooms. The prime contractor faced a substantial delay and inefficiency claim from its subcontractor arising from nationwide supply chain issues, that caused significant project delays and mandated extensive resequencing of the subcontractor’s work. The parties commenced arbitration and the firm assisted the prime contractor to prepare its own claims based on the subcontractor’s self-inflicted delays and inefficiencies. In addition, the firm identified technical defenses based on the subcontractor’s failure to comply with the subcontract. With the support of the firm, the prime contractor maximized its recovery by passing through the subcontractor delay claims to the project owner, and after receiving partial reimbursement, was able to negotiate a discounted settlement that extinguished the subcontractors’ claims, and secured a complete dismissal of the arbitration.
Counsel: Jason R. Thornton and Scott M. Bennett