PRACTICE AREA(S): Construction, Construction Litigation, General Litigation
CLIENT / INDUSTRY: International Private Construction Management Firm
ATTORNEY(S): Pete Comodeca; Tony Stringer; Ron McMillan; Laura McBride
Situation Summary:
The dispute involved construction performed on a United States federal landmark in Washington, D.C. to upgrade the building’s security protections and electrical systems. The construction management firm, Calfee’s client, served as the prime contractor and construction manager, coordinating the efforts of numerous subcontractors, including the electrical and general trade contractor. The subcontractor made an arbitration claim that the prime contractor did not sufficiently pay the sub for its work. The prime contractor, in turn, filed counterclaims seeking reimbursement for improperly performed work.
Calfee Approach:
Calfee joined the dispute after the client sought a change in its prior representation. At that late stage, Calfee was unable to conduct any discovery and, instead, was left to develop the client’s best position based on the available information. Calfee focused on the breadth of contractual provisions between the parties and information that appeared conspicuously absent. Calfee presented favorable evidence from the architect of the Capitol and presented expert testimony suggesting that payment was properly provided.
Resolution:
Despite information handicaps, Calfee was able to highlight the issues favoring the client’s perspective. This approach resulted in a substantial reduction to the subcontractor’s claims, which, in light of the situation Calfee inherited from prior counsel, was a very positive outcome for the client. The resolution solidified the client’s relationship with Calfee and the enhanced the client’s view of the firm as a problem-solver.
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.