Prepared for Trial, Able to Negotiate

We successfully represented a hotel developer in an arbitration against a nationally-recognized general contractor. The dispute involved the construction of a hotel and convention center. Just prior to the hotel’s grand opening, a significant structural failure occurred, requiring an expensive remediation.

While we positioned the case as a breach of contract for failure to construct the project as agreed upon and for improper construction methods, the general contractor attempted to reframe the dispute by claiming a design defect by the engineer-of-record.

We navigated through a set of complex facts, as well as design-based defenses by posturing the case to win on all fronts. Our attorneys traveled across the country to defend and take dozens of depositions of fact witnesses, from “C-level” to “ground-level” employees, and experts, including architects, civil engineers, geotechnical engineers, and structural engineers, in order to mature our clients’ claims and dispose of any defenses.

On the eve of a weeklong arbitration, we obtained a multi-million-dollar settlement on behalf of our client. By preparing the case for trial, we were able to leverage the development of the facts and our understanding of the law to compel to gain a favorable resolution, without exposing our client to potential risks associated with a trial.