The firm represented the prime contractor and one of its subcontractors against a Port District on a claim for extra costs from delay and disruption caused by rock hardness well in excess of that shown in the soils report included in the project’s bid documents. The Port District initially denied the claim in its entirety and threatened liquidated damages in excess of $ 7 million. Through engaging in multiple rounds of mediation and the hiring of a geotechnical expert before the filing of a lawsuit, the firm successfully recovered payment to its client for $2.891 million and no assessment of liquidated damages.
Counsel: P. Randolph Finch Jr. and Daniel P. Scholz