A claims strategy designed to benefit your BOTTOM
LINE
A contractor is terminated and a surety
is faced with completing the project. They hire a workout specialist,
a claim investigator and a completing contractor. Everything is
in turmoil, and efforts are geared towards getting the project
done. Eventually, the project is completed after the surety has
written many checks. The contractor has been claiming wrongful
termination from the outset and the surety must now vigorously
investigate any bad faith allegations.
...BUT THE OLD WAY IS TOO COSTLY
Now you pay for the investigation performed by
the workout specialist, claim investigator and completing contractor.
You review their work and decide whether or not to proceed with
the claim.
If you turn this effort over to a law firm, they
will duplicate the work that has already taken place and conduct
their own “investigation,” which you will pay for
on an hourly basis. If you proceed with the claim, you can look
forward to hundreds, if not thousands of “billable hours.”
Let’s face it, sometimes you feel like you need to hire
lawyers to watch the lawyers; not to mention the fact that this
process seems to go on forever.
WE HAVE A BETTER IDEA...
Call us at any stage in the process, and we will
investigate and provide an opinion regarding how to proceed from
that point - at no cost.
We will do what is necessary to provide an in-depth
analysis, including visiting the project, reviewing contract documents,
and interviewing key personnel. Early on, we can help you develop
an active strategy, pre- or post- termination to make the best
out of a bad situation. Prior to proceeding with any litigation
we will provide you with a written analysis of the case, listing
the good and bad points and the realistic ranges for recovery,
should the case proceed. As part of that analysis, we will also
examine your exposure to a new “rebound” claim from
the owner. For example, if we sue the owner for delay, disruption,
inefficiency and wrongful termination, are they going to turn
around and sue you for consequential damages, lost income, etc.,
in addition to the liquidated damages that probably have already
been asserted? The difference between us and other law firms that
do this type of work, is that we will run your claim on an incentive
basis - we do not get paid unless you get paid. This is contingency
billing, which is rare in the construction claims arena. If we
handle the case, you pay only expenses, no “billable hours”
out of pocket. Other law firms are not willing to work under this
arrangement - it is too risky. Big law firms have large overhead
and cannot risk missing their monthly obligations, regardless
of the potential for recovery on the back end. We are a plaintiff’s
firm. We are aggressive. We must vigorously pursue every claim.
We start every case as if we are going to trial. We have a reputation
in the trial arena that is based upon our success taking cases
to their ultimate conclusion. We believe “you play like
you practice.”
Finally, we practice nothing but construction
law. No family law, no transaction work, no wills, trusts or estates
- just construction law. We do one thing and we do one thing very
well.
Call us. There is no risk to you because every
case is analyzed free of charge, and you get the experience and
expertise of our entire firm, prior to making the decision to
proceed.
WE DON’T GET PAID...... UNLESS YOU GET PAID
