A chemical company designed an efficient, environmentally friendly way to create its products. The process was innovative and untested.
Design and engineering changes made during construction led to some late deliveries. Delays ensued. The company negotiated change orders with the builder and extended the schedule.
But delays and budget overruns continued. The builder sued, claiming the company caused productivity losses.
With no mandatory arbitration clause, the case would have dragged on in court for years. Beveridge & Diamond, P.C. persuaded the builder to dismiss its lawsuit in favor of binding arbitration.
The builder claims the losses should be calculated from the start of the contract. Agreeing with us, the arbitrator instead ruled that any losses began from the time the parties revised the contract.
Winning that argument and securing fast-track arbitration saved our client time, resources — and millions of dollars.