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    Construction

Multiple lawsuits and delay, lost
productivity and other claims

Bricker & Eckler LLP represented a school district in a case that involved the construction of two elementary schools, claims in excess of $1,500,000, and initially four separate lawsuits. During and after the project, there were delay, acceleration, lost productivity, and Eichleay claims filed by the electrical contractor, the HVAC contractor, the general trades contractor, and the steel contractor. In addition to these claims, the electrical and steel contractors filed similar claims against the Board’s architect, construction manager, and the structural engineer. There were also claims against the steel contractor by its erection subcontractor, claims by the roofing subcontractor against the general trades contractor, and claims by a material supplier against the electrical contractor. The court consolidated the four separate lawsuits into one lawsuit. Bricker & Eckler LLP then participated in a mediation. The case ultimately was resolved.


Large claim, many parties and multiple claims

Bricker & Eckler LLP represented the school district in a complex case involving multiple parties and claims in a total amount in the eight-figure range. The contractor alleged claims for delay, inefficiency, alleged additional scope items, defective and non-conforming work, liquidated damages, lost bonding capacity, Eichleay damages, and other damages. During the representation, the contractor was terminated, and its surety took over the project. The contractor sued. The school district joined other parties who had potential liability for the contractor's claims. After some discovery was initiated, mediation was conducted, and the case was resolved.


Large single project, multiple delay and
lost productivity claims

This claim was part of a $90,000,000 school building program, which included extensive renovation and addition to a large high school. Following substantial completion of the building program, several contractors submitted claims for delay, acceleration, and lost productivity. Ultimately several of them filed suit against the district. Two of the contractors asserted claims exceeding $1,000,000 in the aggregate. Each of these claims is no longer pending.

 

 

 





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