Recent Arbitration Victory For Two Clausen Miller New York Attorneys
January 29, 2010
Construction Defect Victory
In November, 2009, Partner Robert A. Stern (New York and New Jersey) and associate Thomas D. Jacobson (New York), obtained a victory at Arbitration. The Arbitration Panel held that Clausen Miller's (CM) client was 0% liable for the Claimant's damages.
Claimant argued that after CM's client's Insured (the "Insured"), who was an excavation company, was instructed to stop digging at a job site, the Insured continued to dig and caused damage to Claimant's property. Attorneys Stern and Jacobson denied Claimant's argument and asserted that if anyone was to blame for Claimant's loss it was the general contractor for the job site and its retained engineers.
Attorneys Stern and Jacobson's investigation revealed that the Insured was working under the direct supervision and instructions of the general contractor and its engineers. They then worked with the Insured to create a written statement, which set forth that the general contractor and its retained engineers: (a) specifically advised the Insured that it was safe to proceed with the excavation work at the job site, and (b) did not conduct any preparatory and/or survey work for the property prior to the excavation work. Moreover, a review of the Department of Building's records indicated that the general contractor was issued a violation, because the work that was performed at the job site did not conform to approved plans, which called for shoring and bracing to be done prior to any excavation work. The Insured was not and was never responsible for underpinning, bracing and/or shoring at the job site. Lastly, attorneys Stern and Jacobson asserted that there was no evidence proving that the Insured disobeyed the orders, instructions and/or directions received from the general contractor and its retained engineers.
The Arbitration Panel agreed with attorneys Stern and Jacobson's arguments and ruled that Clausen Miller's client was 0% liable for Claimant's damages.
If you would like to learn more about defending construction related claims and/or Arbitrations, please feel free to contact Robert A. Stern (rstern@clausen.com) or Thomas D. Jacobson (tjacobson@clausen.com), or call them at 212/805-3900.
