Arbitration Victory on Historic Bridge Design-Build Project
The Construction & Public Contracts Group successfully defended a joint venture of National and Regional General Contractors against $15 million of principal claims brought by a terminated painting subcontractor against the joint venture in connection with a ~$300 million MassDOT Design-Build historic bridge rehabilitation project. The 12-day virtual arbitration before a 3 member panel of seasoned construction arbitrators included detailed factual testimony relating to the subcontractor’s claims and the joint venture’s $8.5 million of counterclaims. The Panel heard testimony about, inter alia, industrial/commercial painting methods and specifications; as well as significant and complex expert testimony as to painting methods, practices and specifications, damages/costs accounting, and time entitlement. The Panel ultimately awarded the subcontractor 3.5% of its principal claims and denied the subcontractor any recovery on its unfair business practice claims. The Panel also did not designate the subcontractor as the prevailing party and did not award the subcontractor any attorney’s fees or costs.
Partner Eric Eisenberg and Of Counsel Chad Hershman — both of whom specialize in complex engineering and construction claims — handled the case from inception to completion, while Associate Alexandra Gordon joined the team during ESI discovery and continued on to actively participate in the arbitration hearings.