The action involved a large-scale tenant improvement project for a manufacturing facility in Los Angeles County. BWB&O’s client served as the general contractor for the project. During the project, the owner terminated the construction contract for cause. The general contractor, through BWB&O, initiated arbitration proceedings asserting claims for Breach of Contract and Breach of the Implied Covenant of Good Faith and Fair Dealing.
BWB&O argued there was no basis for termination and thus, per the terms of the contract, the owner was liable for approximately $700,000.00 in termination costs incurred by BWB&O’s client. The owner asserted counterclaims against BWB&O’s client for Breach of Contract, Negligence, Breach of Duty of Good Faith and Fair Dealing, Malicious Prosecution, and Declaratory Relief, seeking no less than $1,500,000.00.
At the evidentiary hearing, BWB&O, through rigorous examination and cross-examination, established that the owner had no basis to terminate the contract for cause and instead manufactured a reason for termination to avoid its obligations to pay termination costs owed to BWB&O’s client. At the close of the hearing, the arbitrator awarded BWB&O’s client approximately $1,000,000.00 in damages, interest, attorney’s fees, and arbitration costs, and denied the owner’s claim in its entirety.
Congratulations to Partners Benjamin, Ajay, and support staff Deborah Hernandez, Sandra Gomez, and Vilma Gomez-Espinoza on a fantastic outcome!