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Representing Owner, Defeated Contract Termination Claims by Contractor exceeding $30 Million

Case Conclusion Date: 01.01.2006

Practice Area: Construction and development

Outcome: 90% of the amount claimed was defended against. The contractor’s claim was further reduced by substantial costs and expert witness fees recovered by the agency as a result of a statutory settlement offer which the contractor failed to accept.

Description: Representation of a large metropolitan water agency defending contract termination claims of approximately $30 million. Approximately one-half of the claims were resolved at mediation; the remaining claims proceeded to trial in which client public agency received a favorable outcome. The litigation included issues regarding tunneling, alleged differing site conditions, propriety of contract termination, notice and waiver, and disputed methodology for damages.

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