We represented a general contractor in a multi-faceted dispute. The owners initiated mediation and arbitration, alleging breach of contract, negligence, and consumer fraud, seeking substantial damages from our client. We countered with a claim for nonpayment and strategically included the architect in the proceedings to leverage their professional liability insurance. This maneuver created a potential source of recovery for the owners and, by extension, our client. We also triggered our client’s Commercial General Liability (CGL) policy’s defense provisions, securing representation (albeit with an insurer reservation of rights) while maintaining control of the defense strategy as outside general counsel. We prosecuted our client’s counterclaim for unpaid fees, benefiting from unparalleled knowledge of the project, having served as its counsel from the project outset. This contrasted sharply with the owners’ three rounds of attorneys – two of which were hired and fired before mediation – giving our client a distinct tactical and informational advantage in the proceedings.
