ATTORNEYS PREVAIL AT ARBITRATION ON LOS ANGELES, CALIFORNIA, TRANSPORTATION PROJECT
Partner Sheila McDonald and Attorney Charles Stec triumphed in a recent arbitration on behalf of a nationally-recognized geotechnical engineering firm. The action began as a billing dispute between the engineering firm and one of its consultants on a major Los Angeles transportation project. Following an audit of the consultant’s invoices, the Engineer discovered charges in excess of the contractually-fixed Unit Prices. The Engineer demanded reimbursement of significant overpayments, on the grounds that the consultant breached its subconsultant agreement by including charges in its payment submittals that did not comport with the Unit Prices for its services.
The consultant brought a counter-claim, asserting it was entitled to significant invoice amounts in excess of the Unit Prices. Mr. Stec spent months preparing for the arbitration, including discovery and evidentiary hearings calling the consultant to task for failure to comply with discovery orders, and properly questioning the consultant’s standing (requiring revivor of its corporate status and reinstatement by the Franchise Tax Board).
After attempts to reach reasonable resolution failed, Mr. Stec and Ms. McDonald engaged in a three-day binding AAA arbitration, prevailing on behalf of their client geotechnical engineering firm, receiving a significant award on all affirmative claims, and receiving a complete defense verdict against all counter-claims. Additionally, Mr. Stec and Ms. McDonald’s client was legally deemed the prevailing party, with an award of attorney fees and costs as a result.
Ms. Sheila McDonald is a partner at Weil & Drage with over 15 years of legal experience handling a wide range of public and private project claims. She can be reached at firstname.lastname@example.org. Mr. Charles Stec is a lawyer at Weil & Drage, joining the firm three years ago after a 15-year career as a licensed general contractor in California. He can be reached at email@example.com.