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Encinitas Office Obtains Complete Defense Verdict Including Attorney Fees and Costs After Ten Day Construction Arbitration

Partner Vik Nagpal and Associate Attorney Tim McNulty of the Encinitas office recently obtained a substantial victory on behalf of BWB&O’s client after a 10-day binding construction arbitration before a three-arbitrator panel of the American Arbitration Association.

BWB&O’s client was sued by the Owner of a commercial office building related to a multimillion-dollar tenant improvement project in San Diego. The Owner asserted construction defect damages, delay damages, architectural negligence, fraudulent billing practices and consequential damages of $3.6 million dollars.  BWB&O’s client claimed breach of contract damages against the owner for failure to pay invoices.

The Owner who had substantial financial resources and a personal spite against the general contractor, unreasonably pursued the case with an extensive team of lawyers and experts.  At an earlier full-day mediation, the owner rejected a reasonable settlement offer which included a settlement payment to the Owner and the client’s agreement to dismiss their affirmative claim for damages.

After conclusion of witness testimony, oral arguments and final briefing, the Arbitration panel issued a total defense verdict in favor of BWB&O’s client.  Additionally, the Arbitration panel found BWB&O’s client was entitled to breach of contract damages against the Owner, as well as recovery of attorneys’ fees and costs as the prevailing party.