Acting as outside general counsel, our firm secured a favorable outcome for an architecture firm client facing both a design malpractice claim and a fee dispute with project owners. The owners alleged design errors and cost overruns, demanding a full refund of paid fees. Simultaneously, we pursued the architect’s substantial outstanding fee claims against the owners. We effectively managed the relationship with the client’s professional liability insurer and coordinated strategy with their assigned defense counsel, while independently pursuing the affirmative fee claims. This dual-track approach proved highly effective in mediation. We demonstrated the significant impact of the owners’ many design changes on project scope and cost, emphasizing their improper contract termination. The resulting mediated agreement fairly compensated our client for services rendered, resolving both the malpractice claim and the fee dispute, while mitigating the risks and expenses of protracted litigation.
