BB&D attorneys Robert D. Blitz and Jason K. Turk represented a design-build company in its breach of contract action against a subcontractor. Our client brought the action after the subcontractor did not provide the workers or materials to complete its scope of work in compliance with the project’s schedule. Our client had to supplement the subcontractor’s work with its own workers and contract with additional subcontractors to complete the work. The subcontractor also was not paying its own sub-subcontractors and suppliers, and they filed liens against the project. The subcontractor asserted its own claim against our client for more than $900,000.
The proceeding was conducted via videoconference to ensure the safety of all participants during the COVID-19 pandemic. The video conference allowed the arbitration to move forward without delay. The arbitrator awarded our client all relief sought, including keeping the subcontractor’s retention payments and awarding damages to our client. The total value of the award is more than $1.3 million.