We helped a design-builder in amicably resolve the disposition of unused materials after the project owner suspended work on a multi-residential project due to financial difficulties and insolvency. The project was terminated for the owner’s convenience under section 13.2.4 of AIA Document A141–2014, Agreement Between Owner and Design-Builder. The design-builder, having bought materials in bulk, was left with a 53′ trailer full of non-returnable materials, incurring ongoing storage costs. After unsuccessful attempts to return or resell the materials, the firm assisted the design-builder in communicating with the owner and its limited partner to either facilitate retrieval of the materials or allow their disposal, with our client waiving any contractual right to reimbursement for storage and disposal costs as a gesture of goodwill to the project owner.
