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.