- Posted by Jonathan Schirmer
- On November 20, 2018
In August 2018, ACS’s contractor client achieved a significant jury award after a seven-week trial involving complex payment, delay, and completion claims, as well as multi-million-dollar claims of construction defects. That trial has been previously explained in more detail here. The jury awarded ACS’s client over 95% of its payment and change order claims, while rejecting the owner’s multi-million dollar claims for liquidated damages, completion costs, and defects. As compared to ACS’s clients 95% recovery, the jury awarded the owner less than 12% of its claims.
Post-trial, ACS has continued to prevail on all motions, defeating the owners’ requests for a new trial and reconsideration. The Court rejected the owner’s attempt to collect attorneys’ fees, instead awarding ACS’s client $5.86M in attorneys’ fees, expert fees and costs – 99% of those sought – as the prevailing party under Washington’s lien statute and the contract. A final net judgment for $9.62M was entered in ACS’s client’s favor.
ACS attorneys Scott Sleight, Brett Hill, and Ceslie Blass tried this case in King County Superior Court, successfully argued all post-trial motions, and will be defending the jury verdict on appeal.