The dispute in this case involved nearly a mile of improperly installed concrete curbs and gutters in an upscale residential development. We represented the contractor who installed the curbs and gutters. The other party in this matter was the paving contractor. The controversy was over which contractor was at fault for the defective work.
The owner of the project contracted with the paving contractor to build streets, curbs and gutters, in fairly challenging desert terrain. The paving contractor, in turn, subcontracted with our client to build the curbs and gutters. After they were built, it was discovered that several thousand feet of curbs and gutters had been built either too close to the property lines, or too far from them. As a result, the city refused to approve the work, and approximately 4,000 feet of curbs and gutters had to be removed and replaced.
The paving contractor contended that our client did not follow the staking when it built the curbs and gutters and, therefore, it should not have to pay for the work. (The paving contractor itself did the surveying and staking.) Our client contended that it installed the curbs and gutters in accordance with the staking provided by the paving contractor, and that the paving contractor committed errors in surveying and staking.
Our client and the paving contractor agreed to settle their disputes in binding arbitration, as opposed to a lawsuit. After a three-day arbitration hearing, the Arbitrator ruled in favor of our client, and awarded $135,957 in damages, attorney fees and costs.
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