Client design-builder had an approximately $14 million dispute with its concrete subcontractor related to construction of a large airport rental car facility. The subcontractor attempted several variations of mechanic’s liens against what it alleged was a leasehold interest held by the private developer financing the project and client design-builder. The firm challenged the propriety and validity of the liens in court as they improperly imposed a lien on public property or stated a claim against a non-existent private property interest. The court granted the firm’s challenges and awarded the client its attorneys’ fees. The successful challenge of the liens contributed to an early favorable settlement in the concurrent arbitration proceedings between the parties which avoided significant litigation costs.
Counsel: Jeffrey B. Baird, Kelly A. Floyd, and Cory P. DiBene