Weiss v. Tidwell Construction

Mar 25, 2014

OUTCOME: Jury returned a total defense verdict; $0.

Homeowners sued our client, Tidwell Construction, for overpayment, breach of contract, breach of implied warranties and several other claims related to the construction of their $7M home in Blaine Coun ... ty, ID. At the beginning of the jury trial in 3/2014, the plaintiffs wanted over $3M in damages. We successfully cut that amount in half by directed verdict, which resulted in the dismissal of all claims but the breach of warranty claims. During closing arguments, the plaintiffs requested $1.8M in damages.

Breach of Contract Claims by Homeowners Against Contractor

Feb 09, 2011

OUTCOME: Mediated and settled for a fraction of the damage request

We represented a contractor that had been terminated on a project then subsequently sued for breach of contract. The homeowners wanted a substantial amount of money in damages.

Breach of Contract Claim Against Surveyor

Dec 11, 2009

OUTCOME: Our surveyor client was dismissed on summary judgment.

Our client, a surveyor, completed his field work and delivered a plot plan to the property owner. The architect used the plot plan on which to overlay his building site plans. Ultimately, the busines ... s was built so that the main floor was below the 100-year flood plain as established by FEMA. The owner/contractor sued the surveyor for breach of contract because the plot plan did not include NVGD 29 elevations consistent with those used for the FEMA maps. The architect established the 100-year flood plain for the finish floor elevation using the accurate NAVD 88 information provided by our client, but did not make the NGVD 29 conversion for the FEMA map. The result was a main floor that was under the 100 year flood plain and a building department that refused to issue a certificate of occupancy.

Negligent/Fraudulent Misrepresentation Case Against Home Sellers

Oct 16, 2009

OUTCOME: We won a 12(b)(6) motion to dismiss for a portion of the claims and the plaintiffs dropped the rest of the claims.

I represented some former homeowners who had sold their home here in Washington in 1994. In 2008, the homebuyers sued our clients for misrepresentation because portion of the garage foundation on the ... home had collapsed a few inches.

Have worked on many contractor cases and am gradually adding them here.

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OUTCOME:

Represented Contractor Against Corps of Engineers in Differing Site Conditions Claims

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OUTCOME: CBCA awarded damages to contractor

Contractor client contracted with COE to update baghouse at heating facilities in Fairbanks, AK. Actual temperatures of buildings were much higher than those stated in specifications and contractor sp ... ent additional costs due to lowered production. Presented position and request for additional costs to Board of Contract Appeals.

Breach of Owner's Duty to Cooperate.

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OUTCOME: Awaiting Board Decision.

Represented contractor in claims against the Corps of Engineers for its breach of duty to cooperate when it allowed repeated punch list reviews in finished spaces of building in contrast to the specifi ... c punch list process set forth in the project specifications.Presented claims to Board of Contract Appeals.

Breach of Contract Claim - Nonpayment by Owner

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OUTCOME: Established entitlement to full amount of outstanding invoices through summary judgment

My contractor client performed work for which the project owner refused to pay in light of alleged claims of construction defects.