Hotels and Condominiums
Our firm has been involved in numerous cases involving casino, resort, hotel and condominium projects, and we have the advantage of having represented various parties in these types of disputes. For example:
We represented, and continue to represent, the contractor against the owner in a complicated, multi-forum dispute arising out of the construction of the Venetian Hotel, Casino, and Grand Canal Shops Mall in Las Vegas, Nevada. Issues in this case have included design, engineering, delay and acceleration, and are pending in multiple forums (state court, federal court, appeals courts and arbitration) due to the dispute’s complexity. Last year, we served as lead counsel in a jury trial arising out of the construction of this project, defeated the owner’s $200+ million claim and produced a jury verdict in favor of our client which is expected to exceed $70 million, depending on the amount of interest and attorneys’ fees awarded to our client. This was the longest jury trial in the history of the State of Nevada, and one of the state’s largest commercial verdicts.
Also related to the Venetian in Las Vegas, we represented several subcontractors in the successful prosecution of $12 million in assigned claims, including the door and hardware subcontractor, the electrical subcontractor and the drywall subcontractor. We have also successfully settled numerous subcontractor cases, as part of the ultimate resolution of this complex dispute.
We represented a general contractor, partially in concert with its principal subcontractors, in an action seeking approximately $10 million for delay, acceleration, and other damages against the Las Vegas Hilton. The disputes arose out of the construction of Sky Villas, an unprecedented luxury accommodation for the wealthiest clients of the Las Vegas Hilton. The contracts involved the Nevada interpretation of issues common to many of our construction disputes, including pay when paid provisions, no damages for delay provisions, arbitrability issues, fast track construction, and Severin doctrine issues. The disputes were settled through mediation, the terms of which are subject to a confidentiality order.
We represented a general contractor in a dispute with a major subcontractor and its surety arising in connection with the construction of a luxury resort hotel in Santa Monica , California . There were two federal court actions: in one, our client sued the subcontractor and its performance bond surety for $2 million spent curing the subcontractor's default; in the other, the subcontractor and its principals sued our client for approximately $3 million, including claims for quantum meruit and fraud. The actions were consolidated in federal district court in Los Angeles . After we obtained a partial summary judgment in favor of our client on the issue of liability, based upon the terms of the contract, we were successful in obtaining a mediated settlement, with the subcontractor's surety paying our client approximately $2 million and the remainder of the claims being dismissed.
We represented a prominent developer in Naples, Florida in connection with general contract and construction advice, as well as two significant contractor disputes. Both disputes involved the construction of extremely high quality, luxury, high-rise condominiums near the Gulf of Mexico. The first dispute involved construction deficiencies and resulted in litigation with the general contractor and its surety. The second dispute involved delays and claims asserted by the general contractor for additional cost, in contrast to the owner's claim for liquidated damages.
We represented the developers of a condominium in Atlantic City, New Jersey, in which the homeowners association sued the developers for water and mold infiltration. The claims were settled on terms favorable to our client after we defeated the homeowners’ association’s motion for summary judgment.
We represented a developer in yet another condominium in Atlantic City, New Jersey, in which the condominium association sued the developer for water infiltration and mold infestation. The case was settled favorably in mediation.
We represented a major national general contractor that was terminated for default in connection with the renovation of a beachfront hotel in Florida. The general contractor contended that the termination for default for alleged untimely performance was improper. The owner asserted a claim for liquidated damages in the approximate amount of $17 million against the general contractor. After trying the case over a 3-4 week period, our client was awarded all of its actual costs for an improper termination and was also awarded interest and attorney’s fees. The owner recovered nothing on its claim seeking liquidated damages.
We represented a condominium association against a developer and his lender, seeking $5 million in damages for construction deficiencies and failure to repair. After a one week jury trial in the United States District Court for the Northern District of Florida, the jury returned a verdict in favor of our clients for the full $5 million requested. The case was settled with one defendant prior to appeals and with the other defendant after a partial affirmance by the federal court of appeals.
We represented a general contractor against an owner in a case alleging construction defects in a multi-million dollar Hyatt resort property near Disney World. After an unsuccessful mediation, the parties agreed to a non-binding mini-trial with three fact finders, a contractor, a design professional, and a retired federal judge. The case was favorably resolved for our client when our adversary agreed to the panel's recommendation in full settlement of all claims asserted.
We represented an island development company in three different cases brought by condominium owners' associations. These cases concerned disputes in the aggregate amount of over $15 million and involved arbitration, trials, settlements and appeals. These matters arose out of several condominium developments, constructed by several different general contractors. Our client developed and oversaw design and construction of the various units.
We represented a general contractor in defending claims of approximately $5 million in a case brought by a homeowners' association of a condominium tower project in Charleston, South Carolina. After discovery, the case was settled for less than half of the dollars claimed with the architect paying the great majority of the settlement amount. We successfully argued that any defects in construction resulted from errors or omissions by the architect and limited our client's responsibility to approximately 12% of the overall settlement amount. The alleged defects included concrete formwork, post tensioning and waterproofing.
We represented a development company in connection with several condominium resort disputes, including:
- Litigation by condominium owners of a Hilton Head Island beach and tennis resort claiming in excess of $3 million, primarily for defects in roofs, amenities, balconies, stairs, and wood siding. The plaintiffs alleged fraud, unfair trade practices, breach of implied and express warranties, and negligence. The dispute was settled through an assignment arrangement which did not require any money payments by our client.
- Litigation by the horizontal property regime council of condominium owners on the Hilton Head Island Four Seasons Centre claiming more than $1 million for alleged defects in construction. The plaintiffs voluntarily dismissed, but after our client recovered damages on its counterclaim for non-payment of fees to the developer.
- Litigation by condominium owners of a Myrtle Beach, South Carolina resort claiming more than $1 million against all parties involved in the development and construction for defects in the balconies and roofs and other miscellaneous problems. We again settled with plaintiffs by assigning rights to them, making a de minimus payment and forgiving payment of a $17,500 note. The owners went to trial and apparently obtained a judgment in excess of $600,000 against some of the remaining defendants.
- Litigation by condominium owners of the Gatlinburg Summit resort, again alleging defective design and construction. Our client settled by paying just $20,000 (approximate) and assigning their rights against the parties directly responsible.
- Litigation by condominium owners involving resort properties in ski areas, again settled for substantially less than was being claimed.
We represented a general contractor in connection with claims by condominium owners relating to claimed defects in a condominium located on the Isle of Palms, in South Carolina. Significantly, the issues involved defective design, construction, and, particularly, waterproofing issues, which are common to coastal construction. Both the developer and the architect were bankrupt. During the litigation, Hurricane Hugo hit, causing substantial damage to the property. We were able to work with the owners and their insurance company, and to obtain a settlement for our client.
We represented a general contractor in various actions involving construction projects in Texas: a Houston hotel construction project against an insurer who refused to pay a claim (settled during litigation); a Dallas office building project (settled through mediation); and a Houston area hospital addition (settled after jury selection).
We represented a luxury condominium owner on a large project here in Atlanta (Buckhead), in which we made claim for toxic mold contamination exceeding $1,000,000. The matter settled favorably after we were able to obtain insurance coverage for the owner.
We represented a multi-national construction contractor, defending against alleged defects in the construction of a Wyndham hotel in Atlanta. The case was settled favorably.
We represented a general contractor based in Chicago in a case involving alleged masonry defects in an upscale condominium project. The claims were successfully resolved to the benefit of our client.
We represented a multi-national contractor in a dispute concerning alleged design defects delays and defective construction on a luxury high-rise condominium in Atlanta. The dispute was settled quickly and favorably after our presentation of the evidence in negotiations.
We represented the steel fabricator and erector on a $20 million claim arising out of the construction of the McCormick Place Expansion Project in Chicago, Illinois, a $700 million project. We marshaled the evidence and were able to settle the case after detailed presentations in mediation.
We represented the painting contractor on a claim arising from construction of the Beau Rivage Casino Resort in Biloxi, Mississippi. The matter was settled favorably.
|
 |
|