WCZ Obtains Another Favorable Ruling
In the spring of 2013, Winter Capriola Zenner, LLC (“WCZ”) secured a favorable arbitration award on behalf of one of the largest specialty subcontractors in the Southeast against one of the largest and oldest construction companies in the Southeast.
WCZ’s client was awarded a multi-million-dollar subcontract for the exterior-skin construction, including stucco application, on an over 70-million-dollar luxury-condominium complex in Charlotte, North Carolina. In 2010, the condominium developer filed for Chapter 11 bankruptcy protection and the lender foreclosed. WCZ’s client—the largest subcontractor on the project—was left with millions in unpaid invoices for work already performed. WCZ sued the general contractor on behalf of its client to recover the unpaid balance and to foreclose on its liens.
The new owners and homeowners association filed claims against the general contractor and developer alleging construction defects, including water infiltration. The general contractor brought WCZ’s client into the arbitration, arguing that it was liable to the general contractor to the extent the general contractor was found liable for construction defects within the subcontractor’s scope of work and for delay damages. The general contractor sought a multimillion dollar award against WCZ’s subcontractor client.
Following a seven (7) day long evidentiary hearing, WCZ’s client secured a very favorable arbitration award against the general contractor, resulting in a significant net recovery for the subcontractor.
WCZ again demonstrated tremendous success in handling construction-litigation matters for its clients. Whether for homeowners or condominium associations, commercial or rental complex owners, general contractors, or subcontractors, and whether for plaintiffs or defendants, WCZ has the skill and experience necessary to effectively evaluate and handle all construction-litigation matters. The case was tried by WCZ Partner Richard J. Capriola and WCZ Associate Eric B. Coleman.