Hahn Loeser & Parks Partner J. Thomas Nocar recently won a $3.4M arbitration award for HLP’s client, a building owner, who claimed breach of contract against the building’s general contractor. The arbitration award defends the 230,000 square foot building owner’s decision to remove and replace the entire building skin (composite metal panels and window systems) that persistently leaked for more than five years after completion.
The American Arbitration Association (AAA) panel found that the original general contractor breached the contract by failing to deliver a leak-free building and failing to honor its warranty to repair the leaks. Nocar successfully defended against the general contractor’s counter claim for breach of contract (improper termination), and defenses of spoliation and economic waste.
