K.C. Petroleum, Inc. v Hedin Construction & KNK Ventures

Jul 29, 2003

OUTCOME: Won Jury Trial for Construction Lien Forclosure

Our client was a subcontractor who built most of a new commercial convenience store and gas station for a private owner in Vero Beach, FL. When the Owner and General Contractor refused to pay the cont ... ract balance owed, we filed a construction lien in the public records and filed a lawsuit to foreclose the lien in State Circuit Court. The defendants filed a counterclaim, alleging that the lien was fraudulent, that our client breached the contract and owed them money for defective construction. After the defendants refused all reasonable settlement offers, we proceeded to trial by jury, which awarded our client every penny claimed. After trial, the judge also ordered the defendants to pay all our client's attorney fees and costs expended. Defendants paid the judgment in full without an appeal

Southeast Land Developers, Inc. v. Compass Group, Inc and Colonial American Casualty & Surety Company

N/A

OUTCOME: Won Jury Trial for Payment Bond/Breach of Contract

Complex breach of contract claim involving site contractor against general contractor on a large commercial project. My client prevailed on its payment bond claim for partial performance of its work, ... and I was successful in defeating the contractor's counterclaim for delay and cost to complete damages. Judgment on the jury's verdict and the judge's award of prevailing party attorney's fees for my client was upheld on appeal by the First District Court of Appeal.

Bove Company/Atlantic Mutual Ins. Co. v. SMG Celebration, LLC

N/A

OUTCOME: Prevailed on $2,500,000 Contract Balance Claim

This was a high-profile, complex construction matter involving a commercial project located at Disney's Celebration community. Our client, The Bove Company, was the design-builder of the "Mirasol" pro ... ject, a 210 unit luxury condominium complex for a New York based developer. This matter was arbitrated over a four month period consisting of 22 days of testimony. We prevailed on securing a 2.2 million dollar judgment for our design-builder client. We also represented Bove's surety, Atlantic Mutual Insurance Company, in defense of the developer's 10.5 million dollar performance bond claim, which we also prevailed on and defeated.

Olney Construction v. Community Asphalt

N/A

OUTCOME: Won 800k Jury Trial, defeated 700k counterclaim on performance bond

Apex Metal Fabrication v. BCWF, inc and Fidelity

N/A

OUTCOME: Won 1.4M abribtration, defeated 1.6M counter and perfomance bond claim