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Katz & Stone, L.L.P.'s
law practice is devoted to helping
the construction industry resolve construction contract problems
and disputes. Our
attorneys have worked on a wide variety of construction assignments
as represented by the following examples:
United
States
R.W. Granger & Sons,
Inc. v. J&S Insulation, Inc., United States Fidelity & Guaranty,
Boston, Massachusetts, 2001 - Katz & Stone
represented a fireproofing and insulation subcontractor,
J&S
Insulation, Inc., against a surety, USF&G, in the subcontractor’s
successful recovery from the surety of compensatory damages,
punitive damages, and attorneys’ fees and costs. The
subcontractor’s
claim arose out of the surety’s failure to conduct a
good faith investigation of, and then settle, the subcontractor’s
payment bond claim, which had been filed under Massachusetts’
Little Miller Act. After the subcontractor prevailed at the
trial level, the surety appealed directly to the Massachusetts
Supreme Judicial Court, which unanimously affirmed the trial
court decision in favor of the subcontractor. In addition
to affirming the trial court’s judgment, the Massachusetts
Supreme Court also awarded the subcontractor appellate attorneys’
fees and costs it incurred defending the appeal. With Katz &
Stone, L.L.P.’s assistance, the subcontractor recovered
more than $1.5 million on what was originally a $203,000 claim.
Shenandoah Valley Regional Airport v.
S.P. Cahill, Inc. and Mountbatten Insurance, Shenandoah, Virginia,
2000 - Katz & Stone represented
the public airport owner against the contractor and surety in
the successful recovery of a claim arising from the performance
of defective concrete work in the construction of private aircraft
hangars.
Pray Construction Company
v. Frontier Insurance, Charleston, West Virginia, 2000 -
Katz & Stone represented the general contractor in the successful
mediation and recovery of a reprocurement claim on a defaulted
subcontractor's performance bond.
Kennecott Utah Copper
Corporation v. Industrial Constructors Corporation, Salt Lake
City, Utah, 1998 - Katz & Stone
provided claims analysis and defense consultation to Kennecott
Utah Copper Corporation in connection with numerous claims submitted
by Industrial Constructors Corporation, the earthworks contractor
on the Tailings Modernization project, a $200+ million construction
project located near Salt Lake City, Utah.
Veterans Administration
Hospital, Baltimore, Maryland, 1997
- Katz & Stone represented the mechanical subcontractor,
Pierce Associates, Inc., in the successful resolution of a claim
for lost efficiency and productivity resulting from significant
errors and omissions in the mechanical design documents for
a multi-million dollar hospital.
Particularly helpful in settling the claim was the analysis
provided by Katz & Stone correlating lost efficiency damages
to impacts in the field installation of the mechanical work.
Kajima International,
Inc. v. Harborview Limited Partnership, Baltimore, Maryland,
1997 - Katz & Stone represented Kajima International,
Inc., the general contractor, in a complex litigation against
the developer of a 27-story luxury condominium complex in
Baltimore. Katz & Stone helped the general contractor initially
obtain an interlocutory mechanicÕs lien in the amount of $1.65
million to secure its payment claim. Then, through summary
judgment motions, Katz & Stone achieved the dismissal of 85
% of the ownerÕs claims, including those based upon alleged
defective work and delays to substantial completion on the
condominium project. Shortly after the courtÕs ruling on the
summary judgment motions, the matter was successfully settled
for the client.
Alcon Demolition, Inc.
v. The Clark Construction Group, Washington, D.C., 1995
- Katz & Stone represented the demolition and asbestos abatement
subcontractor in the successful reversal of a default termination
on a major World Bank project in Washington, D.C. The main contractor's reprocurement claim
in the amount of approximately $2 million was rejected in its
entirety.
Commerce
Place, Baltimore, Maryland, 1995 -
Katz
& Stone represented the general contractor, Kajima International,
Inc., in a successful arbitration proceeding arising out of
the construction of a 30-story office building located in
downtown Baltimore. Katz & Stone assisted the general contractor
in the recovery of its contract balance and numerous change
order claims, and successfully defended the contractor against
the ownerÕs counterclaims for defective work and delays.
Friant-Kern Power Generation
Project, Visalia, California, 1986
- Katz & Stone represented Commercial Contracting, Inc.,
a rigging contractor headquartered in Troy, Michigan, in this
complex multi-party construction litigation arising out of the
installation of turbine and other power generating equipment
at the Friant-Kern Dam in Tulare County, California.
Among the issues presented were whether the client's
scope of work had changed from that bid in view of the fact
that the equipment delivered for installation by the rigging
contractor proved to be significantly larger and heavier, and
consisted of more components, than as represented in the bid
documents. Further complicating the situation was
the fact that the principal contractor defaulted and the project
was taken over by the surety who retained a completion contractor. Claims were asserted by and among the owner, the engineer,
the defaulted contractor, the surety, the replacement contractor,
the equipment manufacturer and the rigging contractor.
After lengthy pretrial discovery and mediation, the matter
was successfully settled for the client.
St. Joseph's Hospital,
Louisville, Kentucky, 1984 - Katz
& Stone's senior partner assisted the general contractor
and mechanical and electrical subcontractors in recovering on
a consolidated claim for errors and omissions in the contract
documents which severely impacted construction of a large private
hospital.
Dallas City Hall, Dallas,
Texas, 1983 - Katz & Stone's
senior partner assisted the general contractor of this I.M.
Pei-designed project (consisting of 90,000 cubic yards of architectural-grade
post-tensioned concrete) to recover a claim for delay and lost
efficiency owing to errors and omissions in the contract documents
and constructive changes.
Also included in the successful recovery were the claims
of the mechanical and electrical contractors whose work was
similarly impacted by the design documents.
Cedars-Sinai Medical Center, Los Angeles,
California, 1979 - Katz &
Stone's senior partner assisted the mechanical subcontractor
in the successful prosecution of a multi-million dollar claim
arising out of errors and omissions in the contract drawings. As a result of significant design problems,
the mechanical subcontractor's work was severely delayed and
disrupted, resulting in claims for delay damages and lost
productivity. Proof
of the mechanical subcontractor's
damages required the review, assimilation and use of thousands
of documents bearing upon the subcontractor's work, particularly
in the hospital's interstitial levels where much of the subcontractor's
work was installed.
Ace Insurance Headquarters, Bermuda, 2000-2001
- Working with the owner's representative, Katz & Stone
has provided advice and consultation relative to various construction
issues during project performance including contract negotiation
and interpretation and the analysis of claims submitted by the
main contractor.
Sea-Land Construction Ltd. and Bermuda Underwater
Exploration Institute, Bermuda, 2000
- Katz & Stone represented the general contractor in an arbitration
arising out of the construction of a museum located in Bermuda
and devoted to underwater exploration. Issues included the impact of numerous variations on the project
schedule, lost productivity and the contractor's resulting increased
costs. A settlement
favorable to the contractor followed several appearances before
the arbitrators and prior to hearings.
Burland, Conyers & Marirea and Landmark
Restoration, Inc., Bermuda, 1992 -
Katz & Stone represented Burland, Conyers & Marirea in
an arbitration arising out of construction of the new Bermuda
Airport terminal. The dispute involved the default termination of the specialty
contractor for the roofing system.
Working closely with expert roofing consultants, Katz &
Stone assisted the main contractor in establishing the validity
of the termination and reprocurement costs to complete the defaulted
specialty contractor's work.
Johnston International
Limited and Needham’s
Point Holdings, Ltd, Barbados, 2002 – 2004 – Katz & Stone
is providing advice and representation to Johnston
International Limited, the main contractor on the Barbados
Hilton Hotel project owned by Needham’s Point
Holdings Limited. Katz & Stone’s work on
behalf of Johnston International Limited includes representing
Johnston International Limited in an arbitration initiated
against the owner of the project in regard to claims
for delay, disruption and changes in the scope of work.
Damus Limited and Bechtel,
Trinidad,
2004 – CCAS is providing
advice to Damus Limited, a specialist piping contractor,
on a substantial LNG project located in Trinidad. Our
advice has included subcontract review and assistance
in regard to a major work stoppage which has impacted
Damus’ work.
Damus Limited and VA Tech Voest MCE GmbH, Trinidad,
2003 – CCAS provided advice to, and representation
of Damus Limited, a specialist piping contractor on a
methanol project located in Trinidad, in connection with
a dispute between Damus and VA Tech Voest MCE GmbH over
the application of contract provisions dealing with an
overrun in estimated quantities.
Trinidad Contractors, Ltd. and Government of
British Virgin Islands, British Virgin Islands, 2003 – CCAS
provided an opinion supporting the recovery of time-related
costs resulting from delays to construction of a portion
of the works at the Lettsome Airport, B.V.I. Our opinion
extended to an analysis of the time-related costs associated
with delays to the client’s performance and justification
for the recovery of such costs under the contract documents
and principles of English construction contract law.
Roberts Construction & Engineering
Co., Ltd., Antigua, 2003 – CCAS
provided an opinion on the recovery of loss and expense
and extension of time resulting from delay in the construction
of a luxury residence in Jumby Bay, Antigua.
Trinidad Contractors, Ltd. and Government of
Grenada, Grenada, 2003 – CCAS
provided an opinion supporting the recovery of a time
extension and time-related costs resulting from delays
to the Gouyave Sea Defence project, the installation
of an armoured rock sea wall, caused by the failure
of the employer to provide accurate design documents.
Design Collaborative, Tobago Hilton Hotel, Trinidad
and Tobago, 2002 – CCAS provided advice
to the design team on final cost certification and
related project close-out issues.
C.O. Williams, Inc., Grantley Adams International
Airport, Barbados, 2002 – CCAS
provided the paving contractor with an opinion on the
recovery of additional costs resulting from delay to
and disruption of the works.
Ace Insurance Headquarters, Bermuda,
2000-2001 — Working
with the owner’s
representative, Katz & Stone has provided advice
and consultation relative to various construction issues
during project performance including contract negotiation
and interpretation and the analysis of claims submitted
by the main contractor.
Sea-Land Construction Ltd. and Bermuda Underwater
Exploration Institute, Bermuda,
2000 — Martyn Bould was
appointed one of three arbitrators by claimant, a Bermuda-based
general contractor, to decide various performance issues
arising out of the construction of a museum located
in Bermuda and devoted to underwater exploration. Katz & Stone
represented the contractor. Issues included the
impact of numerous variations on the project schedule
and the contractor’s resulting increased costs. The
matter was settled by agreement of the parties after
several appearances before the arbitrators and prior
to hearings.
Andro Electric Co., Ltd. and Noell, Inc., Grand
Cayman, 1998 — Katz & Stone
represented Andro Electric Co., Ltd., the electrical
subcontractor, in the resolution of claims against
the main contractor on the Caribbean Utilities Company
project.
Burland, Conyers & Marirea
and Landmark Restoration, Inc., Bermuda,
1992 — Katz & Stone represented Burland,
Conyers & Marirea in an arbitration arising out
of construction of the new Bermuda Airport terminal. The
dispute involved the default termination of the specialty
contractor for the roof. Working closely with
expert roofing consultants, Katz & Stone assisted
the main contractor in establishing the validity of
the termination and reprocurement costs to complete
the defaulted specialty contractors’ work.
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