cases

Construction - Case 8

Our client, a general contractor, entered into a contract to renovate a closed grocery store and adjacent store space for the owner of a Phoenix shopping center.  The work involved demolition, interior and storefront improvements, and electrical upgrades.  The contract price was $162,000.  Prior to completion of the work, however, our client terminated the contract for non-payment.

After unsuccessful negotiations to resolve the dispute, our client filed suit against the owner for non-payment.  The complaint sought damages in the sum of $69,667, representing the balance due.  The owner counter-sued our client for $91,961, claiming delay damages and unauthorized work. 

We took out-of-state depositions of the owner’s representatives, which provided us a basis to file a motion for summary judgment against the owner.  In so doing, we sought to have judgment entered in our client’s favor based solely on the undisputed facts.

Prior to a ruling on the summary judgment motion, the case was settled for $113,068.  The settlement amount represented the full balance due, plus interest, costs, and attorney fees.  As part of the settlement, the complaint and counterclaim were dismissed.