Attorney Jeffrey Allan Kennard's Legal Cases

Construction and development

Cannot disclose parties due to confidentiality

Jan 01, 2014

OUTCOME: Nominal settlement

Served as lead counsel and successfully defended EPC contractor in action brought by mechanical subcontractor in Texas state court seeking damages for disruptions and productivity losses allegedly caus ... ed by client’s design and procurement delays on refinery project in Oklahoma. Shortly after obtaining dismissal of action based on improper venue, successfully negotiated nominal pre-discovery settlement at mediation.

Construction and development

Trinity Industrial Srvs. v. Leidos Constructors, LLC

Jan 01, 2014

OUTCOME: Nominal settlement

Served as lead counsel for national EPC company and surety in Miller Act action brought by excavation and earthwork subcontractor seeking additional compensation for work performed on project at Robbin ... s Air Force Base in Georgia. After defeating plaintiff's motion for summary judgment, negotiated nominal settlement.

Construction and development

Cannot disclose parties due to confidentiality

Jan 01, 2014

OUTCOME: Favorable arbitration award

Served as lead counsel and successfully defended national and publicly-traded engineering firm in arbitration seeking $20 million arising from alleged errors in design of HVAC system.

Construction and development

Lake Erie Biofuels, LLC v. Benham Constructors, LLC

Jan 01, 2010

OUTCOME: Favorable arbitration award

Served as lead counsel and successfully defended international EPC contractor in AAA arbitration arising from design and construction of Pennsylvania biodiesel facility under cost-plus contract. Owner ... of facility sought $19.4 million in damages arising from alleged design defects, purported financial irregularities, and alleged "mismangement" of project. Following three-week evidentiary hearing, arbitrators awarded owner less than one percent of amount claimed.

Construction and development

LGX, LLC v. Benham Constructors, LLC

Jan 01, 2007

OUTCOME: Summary judgment

Served as lead counsel and successfully defended design-builder in lawsuit arising from Oklahoma food processing facility. Owner sought $850,000 in damages for alleged design and construction defects. ... Client was awarded summary judgment on all claims, plus its attorney’s fees and costs.

Litigation

Bioscreen Products, Inc. v. Fujifilm Sericol USA, Inc., Case No. 05-9068-FJG (W.D. Mo. 2005)

Jan 01, 2005

OUTCOME: Arbitration award / complete victory for client

Served as lead counsel and obtained complete victory for Canadian manufacturing company in arbitration against international corporation for breach of contract. Client was awarded all claimed damages, ... plus reimbursement of all administrative expenses and costs. Bioscreen Products, Inc. v. Fujifilm Sericol USA, Inc., Case No. 05-9068-FJG (W.D. Mo. 2005) (action to confirm arbitration award).

Construction and development

Cannot disclose parties due to confidentiality

Jan 01, 2005

OUTCOME: Nominal settlment

Served as lead counsel and successfully defended engineering firm in multi-defendant personal injury action arising from collapse of dust collector system in industrial facility in St. Louis. Upon comp ... leting early assessment, successfully settled claims against client for fraction of projected defense costs. Plaintiff later obtained jury verdicts in excess of $2.5 million against other defendants.

Construction and development

Brahma Group, Inc. v. Benham Constructors, LLC, 2009 WL 1065419 (D. Utah 2009)

N/A

OUTCOME: Favorable arbitration award

Served as lead counsel and successfully defended EPC contractor in JAMS arbitration arising from design and construction of oil-gas hydrocracker refinery in Utah. Mechanical subcontractor sought $12 mi ... llion in damages for alleged delays, disruptions, and productivity losses. Initially obtained dismissal of subcontractor’s suit, which was filed in Utah federal court, based on venue-selection clause in subcontract notwithstanding Utah statute that invalidated such venue-selection clauses. Then, pursuant to parties’ agreement to resolve dispute via expedited arbitration and two-week evidentiary hearing, opposing party obtained $3.6 million award, which was within predicted range of exposure and less than the client’s final settlement offer.

Jeffrey Allan Kennard's Legal Cases (8)

Cannot disclose parties due to confidentiality

Trinity Industrial Srvs. v. Leidos Constructors, LLC

Cannot disclose parties due to confidentiality

Lake Erie Biofuels, LLC v. Benham Constructors, LLC

LGX, LLC v. Benham Constructors, LLC

Bioscreen Products, Inc. v. Fujifilm Sericol USA, Inc., Case No. 05-9068-FJG (W.D. Mo. 2005)

Cannot disclose parties due to confidentiality

Brahma Group, Inc. v. Benham Constructors, LLC, 2009 WL 1065419 (D. Utah 2009)