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David Lee and Michael Kostrinsky Obtain Extremely Favorable Decision in 20 Month Long Las Vegas Resort Fire Sprinkler Construction Trial

October 31, 2019

After nearly 20 months of trial, Lee, Hernandez, Landrum & Carlson attorneys limited the $5,203,000 liquidated damage claim of general contractor, Tutor-Saliba Corporation, to a verdict of just $266,000.

The case arose out of the firm’s client, Continental Fire Sprinkler Company’s, installation of the fire suppression systems throughout the Encore resort’s casino, restaurants, shopping arcade, parking garages, and outdoor facilities, located in Las Vegas, NV. The Encore’s general contractor, Tutor-Saliba Corporation, alleged that Continental breached its subcontract and  should be responsible for the $5,203,000 it claims was expended in inspecting over 21,000 pipe coupling joints and replacing almost 6,000 fittings.

The lawsuit, filed in 2013, spent five years in the discovery process, and another twenty months in the courtroom. The court heard testimony from fire inspectors, engineers, installers, executives, and expert witnesses, among others, before rendering its decision. In rendering this decision, the Court concluded, as Lee/Kostrinsky suggested, that the breach was actually substantially on the part of Tutor-Saliba, and that the vast majority of the fittings did not need to be replaced.

As this case is now in the post-trial stage, we plan to update the status with more information in the near future.

David Lee Michael Kostrinsky