We secured a favorable outcome for a construction consulting firm and its CEO in a complex, multi-party lawsuit stemming from a $5.2 million renovation of a house of worship. The firm, which provided owner’s representation services on the project, and its CEO faced allegations of breach of contract and fiduciary duty related to cost overruns, disputed payments to subcontractors, and many mechanic’s liens filed against the property. Jeremy S. Baker served as lead litigation counsel for both defendants, marking a return to substantive in-person advocacy following the COVID-19 pandemic-related court closures and reliance on remote proceedings. The lawsuit involved intricate issues related to state construction lien law, contractor payment applications, and allegations of fraud, requiring a deep dive into project documentation and a nuanced understanding of the interplay between the various parties’ contractual obligations. This involved a thorough analysis of payment applications, sworn statements, lien waivers, and other key documents to develop a comprehensive defense strategy. Our advocacy, including leveraging a pretrial conference with the judge and other parties to facilitate a negotiated resolution funded by other parties, ultimately shielded our clients from significant potential liability, resulting in their complete dismissal with prejudice from the lawsuit.
