Articles Posted in Representative Cases

Representation of general contractor for work at Philadelphia International Airport defending claim in which subcontractor alleged contractor had settled a claim with Owner for extra work for an insufficient amount. After four and one-half days of trial and submission of post-trial briefs, court entered judgment in favor of client.

Representation of general contractor in arbitration prosecuting client’s claims for final payment and defending against owner’s claims of defective workmanship. Project at issue was a truck maintenance facility, and primary deficiency alleged by owner involved sinking conditions of access roadways and parking lot under weight of trucks. Contractor’s defense was it had built according to design furnished by owner’s design professionals. After six days of hearing, panel denied owner’s claim and awarded contractor payment in full, plus interest.

Representation of mechanical contractor in multifaceted, multi-jurisdictional litigation involving construction of research facility for pharmaceutical company. Although lawsuit commenced with claim against a single defendant for constructive acceleration and failure to pay for extra work, case eventually involved seven parties in parallel actions in federal and state courts based on owner’s counterclaim for alleged design deficiencies and installation deficiencies. Litigation resolved with settlement in excess of $900,000 paid to client.

Defense of general contractor against claim by joint venture alleging that general contractor had breached an oral agreement to award a subcontract to the joint venture for work on what at the time, was one of the largest public works projects in the City of Philadelphia. After five days of trial, negotiated settlement of joint venture’s claim (which had been for an amount in excess of $1,000,000) for payment by general contractor of $45,000.

Representation of general contractor handling numerous issues involving construction of a mental health crisis stabilization center in Florida. Representation included persuading owner’s Board of Trustees of Center to rescind what had been an attempt by the Architect to improperly terminate Contractor, and representation in subsequent litigation involving claims for extra work and delay damages, leading to favorable settlement for Contractor.

Representation of mechanical and electrical prime contractors asserting impact claims for acceleration and delay against a county arising out of construction of a prison facility. At the conclusion of 64 days of arbitration hearings, arbitrators awarded damages in favor of contractors in an amount sufficiently high to require the County to float a bond issue to pay the award.

Defense of Construction Manager against claim by developer arising out of settlement of front third of manufacturing facility. After 18 days of arbitration, arbitrators ruled in favor of Construction Manager in entirety, and awarded attorneys’ fees and costs to Construction Manager.

Led defense team for Design Engineer defending against $43 million indemnity claim by public agency for settlements it made on 15-year infrastructure project, resulting in resolution after mediation and including contributions from third-party subconsultants.

Representation of Construction Manager in arbitration by subcontractor on new hospital project alleging multiple claims for extra costs arising from alleged delays, scope changes and design deficiencies, including use and implementation of Building Information Modeling (BIM), and in separate arbitration by another subcontractor on that project. Reached settlements in each matter with two separate mediations spanning seven days.

Representation of construction manager in dispute over sufficiency of performance of exterior wall panel subcontractor on two projects. After 25 days of hearing, arbitration panel found against subcontractor on its seven million dollar claim, and awarded construction manager $1.58 million on its counterclaim. Representation also involved proceedings in state court in Alabama and federal court in Philadelphia on arbitrabilty issues, as well as proceedings to defeat subcontractor’s motion to vacate arbitration award, and successful confirmation of arbitration award in its entirety.