PRACTICE AREA(S): Construction, Construction Litigation, General Litigation
CLIENT / INDUSTRY: General Trades Contractor
ATTORNEY(S): Pete Comodeca; Tony Stringer
Situation Summary:
Calfee was hired to represent a general trades contractor in a dispute that involved additions and alterations to a middle school in Cuyahoga County. The general trades contractor for the project was responsible for, among other things, masonry, concrete, steel, roof and decking work. During the project, a windstorm damaged the masonry walls. The electrical trades contractor subsequently brought a lawsuit against the middle school (the owner) based on damages it allegedly incurred as a result of the damage to the masonry walls. The middle school then asserted a third-party complaint against the general trades contractor based on alleged faulty workmanship relating to the walls.
Calfee Approach:
During mediation, Calfee effectively used portions of the contract documents, including the technical specifications and drawings, to support the work the general contractor performed on the project. Additionally, a construction consultant was used early in the process to get a jump on the other parties.
Resolution:
The middle school agreed to dismiss its claim against the contractor without receiving any money from them. The lawsuit proceeded between the middle school and the electrical trades contractor.
The results described in each case study are dependent on the specific factual and legal circumstances of the matter described, and constitute neither legal advice nor a guarantee of similar results with respect to any other matter.