Jury trial resulting in favorable judgement for contractor client.
Lightfoot represented a trade subcontractor against the prime contractor on the baggage claim expansion project at a Southeastern airport. The dispute centered around the adequacy of the plans and specifications for the project escalators. After the escalators had been installed and were substantially complete, the owner and architect rejected them and ordered that they be replaced with larger size escalators. The prime contractor directed our client to perform the work, which it agreed to do under protest. At trial, the prime contractor argued that the plans and specifications required the larger size escalators and sought damages for extra costs and for project delays resulting from the modification of the escalators. The case tried for three days in federal court, resulting in a judgment in favor of our client for 100% of the damages sought plus interest and attorney’s fees. The court denied the prime contractor’s counterclaim in its entirety.