An article by Judah Lifschitz and Laura Fraher published in Construction Executive Risk Management’s September 25 newsletter. The article, titled “Alleged Construction Defects: Be Consistent, Pick Your Battles and Document Carefully,” highlights the firm's successful resolution four weeks in to a jury trial in a $75 million “bet-the-company” lawsuit against its client, Foulger-Pratt Contracting LLC (FPC). The case was highly contested and publicized and involved the design, construction, and delayed opening of the Silver Spring Transit Center project in Montgomery County, Md. All claims against FPC were dismissed and FPC was awarded $3 million on its counter-claim.
In the article, Judah and Laura discuss the many factors that contributed to FPC’s favorable result, including the following lessons:
1. Build the Team, Keep it Together and Maintain Consistency
2. Protect the Company’s Rights, but Pick its Battles
3. Document Important Facts, but Remember that Documentation Becomes Evidence
4. Preserve Privileges
To read the entire article, click here.