$8.1 million settlement in favor of a micro-tunneling contractor over the construction of a sewer project for the Township of Grosse Ile. The subsurface soil conditions on the project were materially different from what was depicted in the geotechnical reports relied upon by our client at bid-time. When the true conditions were discovered, the Township initially redesigned the project to an open-cut method but then later directed the contractor to build the project according to the original design – forcing the project to take four times longer than the original schedule. The settlement occurred after we revealed the results of a mock jury conducted shortly before trial which showed that the Township was facing significant exposure.
$2.5 million jury verdict in favor of a residential builder against Singh Homes. As the developer of the subdivision, Singh committed to providing certain site amenities when it agreed to sell lots to our client. When Singh failed to provide the promised amenities, our client found it increasingly difficult to sell its homes ultimately resulting in the loss of its investment in the subdivision. The jury returned a fraud verdict in our client’s favor against both the company and one of its officers.
$4.5 million settlement in favor of a site contractor in connection with the construction of a large lifestyle retail center in Jacksonville, Florida. Our client’s work was significantly disrupted by the Owner’s constant changes to the schedule to accommodate tenant occupancy demands. The settlement occurred after several mediation attempts had failed after which we met with the Owner’s officers to address concerns which had arisen during the failed mediations.
$3 million jury verdict in favor of a demolition contractor against a general contractor in connection with the renovation of a high school for Detroit Public Schools. The general contractor interfered with the sequencing of the demolition and imposed severe restrictions on our client’s work alleging they were safety precautions. The jury awarded $1 million in direct out-of-pocket damages and $2 million in consequential damages due to impaired bonding capacity.
Over $7 million jury victory for a mechanical contractor in connection with the construction of a paper mill in New York State. The client’s fabrication subcontractor significantly delayed the delivery of its fabrication which also proved to be defective. As a result, the client retained a different fabricator to finish the project and correct the defective fabrication. The original fabricator brought suit seeking treble damages and attorney fees of over $5 million claiming breaches of the Michigan Builder’s Trust Act, conversion and breach of contract. Our client filed a counterclaim to recover its delay damages and additional costs due to the defective fabrication. The jury rejected the fabricator’s claims for over $5 million and instead awarded our client over $3 million representing damages and attorney’s fees.
$3.2 million arbitration award in favor of a mechanical contractor in connection with the construction of a new hospital facility. The designer failed to provide sufficient interstitial space for the installation of the building utilities causing the client to engage in a re-design effort which delayed the start of the mechanical installations. When the general contractor refused to extend the completion date, the client was forced to over-man the project subjecting it to productivity losses. The arbitrators awarded both lost productivity costs and attorney’s fees.
$7 million settlement in favor of a mechanical contractor in connection with the construction of a large research and development facility for a big-three auto company. The site conditions were significantly different than represented in the contract and the owner failed to provide appropriate access to the site and storage areas. The settlement occurred in special mediation where the mediator rendered a non-binding opinion as to the enforceability of key contract provisions.
$7 million jury verdict for a Michigan credit union against its faithful performance bond carrier. The client’s former credit manager had underwritten a significant number of subprime auto loans which caused the client to incur significant losses due to elevated loan defaults. The jury awarded our client the full amount of the policy, plus attorney fees.
$3 million settlement in favor of a paving contractor against the Greater Orlando Airport Authority in connection with the construction of a new runway. The client encountered differing site soil conditions and was interfered with both by excessive weather conditions and sequence changes caused by the differing conditions. The settlement was achieved after discovery in the litigation process enabled the client to make a more convincing presentation to the project Dispute Resolution Board which ultimately made sufficient rulings in the client’s favor to allow for the successful completion of the settlement negotiations.
$20 million settlement in favor of a demolition contractor against a big-three auto company. The client demolished over 12 million square feet of assembly plants in four states and was in the process of demolishing a large facility in Michigan when the payment dispute occurred. Litigation was commenced on behalf of the client when the auto company terminated the Michigan contract just as the client was to begin harvesting scrap. The settlement occurred after we obtained an injunction prohibiting the auto company from terminating the Michigan contract.
$12 million jury verdict in favor of a landscape contractor against Garden City, Michigan in connection with the construction of a streetscape improvement project. The City interfered with the sequencing of the client’s work and failed to reveal at bid time that necessary easements had not been obtained. The jury returned a fraud, breach of contract and abandonment verdict in the client’s favor and awarded $1 million in direct damages and $11 million in consequential damages due to the fact that the company was forced out of business due to the underlying damages. After a successful appeal, over $16 million in damages and interest was collected.
$120 million in multiple jury verdicts in favor of an air cargo carrier against GATX/Airlog in connection with the conversion of 747 passenger planes into freighters. After two of the client’s 747s had been converted and placed into service, the FAA grounded the planes due to defects in the conversion design. After a lengthy trial, the jury returned multiple verdicts in favor of the client for breach of contract and fraud. A very large settlement was reached after the trial court granted the client’s request to pierce the corporate veil of the company that had entered into the conversion contracts allowing collection of the judgments against the parent company.
Successful renegotiation of a construction financing loan in connection with the renovation of a large regional retail mall where the lender had declared the client in default. Through strategic litigation, the lender ultimately was forced to renegotiate the loan at a slightly higher interest rate which was still well below market rates and increased the size of the loan to allow for the completion of a second phase of the reconstruction.
$3 million settlement in favor of an electrical contractor on the construction of a new powerhouse for an automotive assembly plant. Damages were caused by the late delivery of owner-supplied equipment and excessive changes.
$2.2 million settlement in favor of an electrical and low-voltage contractor in connection with the construction of a new research and development facility for a foreign auto maker. The contractor was delayed by excessive numbers of changes and sequence changes dictated by the owner.
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