Prime Contractor Representation

Prevailed in arbitration before the American Arbitration Association on behalf of a large industrial contractor involving a dispute with an out-of-state equipment supplier on a public water treatment plant construction project. The equipment was not delivered in accordance with the project schedule and was defective in many material respects, resulting in a significant back charge to the general contractor by the project owner. The equipment supplier attempted to avoid liability based upon a written disclaimer of damages in its proposal, despite clear language to the contrary in the contractor’s purchase order. Following a hearing and post-hearing briefing, the arbitrator ruled in favor of our client, finding that the parties’ agreement did not incorporate the supplier’s disclaimers of damages, and therefore, the supplier was liable for incidental, consequential and other damages.