BB&D attorneys Robert D. Blitz, Jason K. Turk and Stephen M. Hoeplinger represented a design-build company in its breach of contract action against a subcontractor. Our client brought the action after the subcontractor did not provide the workers or materials to complete its scope of work in compliance with the project’s schedule. Our client had to supplement the subcontractor’s work with additional subcontractors. The subcontractor also was not paying its own sub-subcontractors and suppliers. Eventually, our client terminated the subcontractor and completed the work with other workers. Our client then sought recovery for the additional money spent completing the subcontractor’s scope of work. The subcontractor denied that it breached the contract and argued that our client’s costs of supplementing the work were excessive.
The proceeding was conducted via videoconference to ensure the safety of all participants during the COVID-19 pandemic. The videoconference allowed the arbitration to move forward without delay. The arbitrator awarded our client approximately $1.7 million, which was the full amount of relief sought.
BB&D has secured more than $3 million in arbitration awards during the pandemic.