We denied the owner recovery on its $18 million claim, recovered damages for our client’s claims, and received attorneys fees as the prevailing party in an arbitration with the owner.
Our client was the electrical subcontractor on a project to build a natural gas fired power generation facility outside of Anchorage, Alaska. The plans and specifications issued by the owner for bidding were not finished. Our client based its bid on the existing, unfinished plans, and through exclusions and a reservation of rights, was entitled to an equitable adjustment for any revisions to the work resulting from the owner’s incorporation of 100% complete drawings into the contract.
The 100% drawings were both late and contained defects, causing significantly delaying project completion. The owner, a local utility, asserted $18 million in claims against our client, seeking delay costs and repayment of funds it claimed were mistakenly paid. Our client denied the owner’s claims and asserted its own claims against the owner.
Following a month-long arbitration in Anchorage, the panel issued its award, denying the owner’s claims in their entirety and awarding over $1 million in damages and attorney’s fees to our client.
