News & Thought Leadership from Sulloway & Hollis

August 24, 2018

Sulloway Litigation Team Obtains $1.5 Million Settlement for Client in Construction Dispute

The trial team of Attorney Derek Lick and Attorney Kevin O’Shea successfully resolved a federal court case on behalf of a firm client, resulting in an award of $1.5 million to compensate the client for damages it sustained relating to the improper design of the client’s landfill gas-to-energy processing plant. On behalf of the client, Derek and Kevin sued the client’s design/build contractor, alleging, among other things, breach of contract, breach of warranty, negligence and violation of the New Hampshire Consumer Protection Act. The complaint alleged that improper design and choice of components caused the gas processing plant to experience multiple failures and shut downs, which in turn, resulted in the client losing revenue from the sale of landfill gas that would have been sold to the client’s customer, a local paper mill. Once sued, the design/build contactor brought suit against nine subcontractors, and added them as third-party defendants to the case.

After engaging in extensive document production involving hundreds of thousands of pages of documents from the ten parties to the lawsuit, undertaking numerous depositions, and gathering of key expert testimony, Derek and Kevin were able to marshal keys facts in support of their client’s position at mediation before a retired judge to obtain the $1.5 million settlement payment to allow their client to replace the key components of the processing facility that were failing and to reimburse the client for lost gas sales.