Bidding and Procurement
- Defended mechanical contractor in an action for an injunction on Pennsylvania new school construction project involving a $14 million mechanical contract.
- Argued before Commonwealth Court and obtained order enjoining bidding on a state prison project due to flaws in the state’s procurement process.
- Defended a challenge to prime contractor’s low bid on $12 million project for construction of a police headquarters in New Jersey where another bidder contended an omission in our client’s bid rendered the bid nonresponsive.
Work Delays and Payment Litigation
- Obtained favorable settlement for steel contractor that specially fabricated steel for owner and owner failed to move forward with the project.
- Obtained favorable order and opinion from a federal court requiring a Pennsylvania county to arbitrate a delay claim and rejecting the county’s argument that the requirement to arbitrate had been waived.
- Obtained favorable settlement for owner in action by contractor claiming entitlement to additional payment on apartment construction project.
- Obtained summary judgment in defense of $2.5 million claim brought by subcontractor against prime contractor on project for construction of the Bucks County Courthouse.
- Obtained summary judgment in favor of prime contractor against owner of restaurant in action to enforce mechanics’ lien where facts established that despite prime contractor’s contract with the tenant on the property, the improvements to the property were for the owner’s “immediate use and benefit” and the owner was responsible for payment.
- Prepared and filed mechanics’ liens for steel subcontractor in order to receive payments ranging from $100,000 to in excess of $1 million.
Payment and Performance Bond Litigation
- Obtained favorable settlement for subcontractor on federal courthouse project in action against prime contractor and its surety where discovery revealed that the prime contractor belatedly created backcharges the surety had failed to conduct an investigation as to amounts due and owing.
- Obtained verdict following jury trial in favor of prime contractor (plus court-awarded prejudgment and post-judgment interest) against landscaping subcontractor’s performance bond surety where subcontractor defaulted prior to the conclusion of the project and surety failed to pay the costs to complete the project.