Last month, Rick Righi and Chris Begeman teamed up with Bill Nebeker and Judy Downs of Koeller Nebeker to secure a defense verdict for a commercial general contractor after ten trial days in Flagstaff, Arizona. Righi Fitch Law Group was retained as co-counsel for the general contractor through an additional insurance policy secured by one of the implicated sub-trades. The lawyers at RLG worked cooperatively with Koeller Nebeker to cost effectively divide the work and achieve ultimate success at trial.
The case dealt with a 270 unit apartment complex in Coconino County. The project consisted of 18 three-story buildings and a clubhouse. The plaintiff purchased the complex in 2004, obtained an assignment against the original GC, and initiated suit against the GC in 2005. Among other things, the plaintiff alleged defective construction of breezeways, exterior walls and attic-vents project-wide. Plaintiff advanced a damages claim of over $4 million at trial, which included a cost of repair and future lost revenue.
Several months before trial, an offer was made on behalf of the GC in the amount of $1.3 million. The offer was rejected by plaintiff. After a day of deliberation, the jury returned a unanimous verdict on behalf of the GC. Plaintiff's claims against the GC were deemed meritless and plaintiff was denied any monetary recovery.