Our Lawyers Won a Defense Verdict to a Multi-Million Dollar Lawsuit for Construction Defects and
Delay

McGuinness & Associates achieved a defense verdict for a contractor client, which was sued for payment of a multi-million dollar defects and delay impacts claim. This litigation concerned the installation of a life/fire/safety (“LFS”) system on a 54-story office building project. The client was alleged to have been responsible for delaying project completion, occupancy and the receipt of rents by in excess of one year.

The client did, indeed, miss its scheduled milestone dates by the alleged one year time period. On such a project, a certificate of occupancy must be issued by a municipal inspector before tenants can occupy the structure. The building could not obtain a certificate of occupancy until the client’s LFS system was operational. The owner thus claimed delay damages for a loss of rents and other uses during the delay period, in an amount exceeding $10 Million.

The owner bore a burden to prove that our client caused damages resulting from the delayed occupancy. Through investigation and effective litigation, a concurrence of critical delay by other subcontractors was discovered. This concurrent, critical delay was confirmed through expert analysis which provided our client with a strong ground of defense.

At trial, the judge was persuaded that insufficient evidence existed to prove that our client was the actual cause of the delayed occupancy, as opposed to the several other subcontractors who were late in completing their work. Not a single dollar of damage was attributed to our client either for the alleged defects and/or for the delay damages asserted.

 
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