The lawyers at Loren & Kean recently prevailed in two construction disputes in arbitration and court.
Frank Sardinha and Bruce Loren represented a local roofing contractor at trial in Palm Beach County seeking to collect on the balance of the contract price owed by the owner. The dispute was almost five years old, but Frank and Bruce were brought in by the client only sixty days before the trial date. Although the contractor was willing to enter a reasonable settlement, the owner sought unfounded and exorbitant damages as part of the owner’s counterclaim. In the short time to prepare for trial, Frank and Bruce chipped away at the heart of the owner’s claims. Ultimately, Loren & Kean’s client prevailed and the Court awarded the roofing contractor all the monies that it claimed, plus interest. The Court ruled against the owner on his entire counterclaim. The best part, the contract provided for reimbursement of attorney’s fees to the prevailing party. The contractor is now seeking a second judgment for those fees, far more than the disputed amount. This is a great reminder to make sure you have a “prevailing party” attorney fee clause in your contracts.
Kyle Ohlenschlaeger and Bruce Loren had another big win at arbitration on behalf of a long-time client subcontractor. Loren & Kean was retained to collect monies owed and delay damages against the general contractor on a public FDOT project. Delay damages can be one of the most difficult and complex claims to prove, but for delay claims, arbitration before a knowledgeable neutral is a real benefit. The general contractor failed to update our client on schedule changes and extensions of time granted by the owner. As a result, the arbitrator found that the general contractor breached the contract by failing to keep the subcontractor up to date on schedules and preventing the subcontractor from submitting delay claims timely. Ultimately, our client recovered all the monies owed for the work performed and the vast majority of its claim for delay damages. Unfortunately, there was no right for reimbursement of attorneys’ fees, but cost-benefit of pursuing the claims far exceeded the cost of the arbitration.
Bruce Loren, Kyle Ohlenschlaeger and Frank Sardinha of the Loren & Kean Law Firm are based in Palm Beach Gardens and Fort Lauderdale. Loren & Kean Law is a boutique law firm concentrating in construction law, employment law, and complex commercial litigation. Mr. Loren and Mr. Ohlenschlaeger have achieved the title of “Certified in Construction Law” by the Florida Bar, exemplifying the Bar’s recognition of this expertise. Mr. Sardinha focuses his practice in complex business disputes and construction law. The firm’s construction clients include owners/developers, general contractors, specialty contractors in every trade, suppliers, and design professionals. They can be reached at 561-615-5701.
