CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - FRIDAY, OCTOBER 3, 2025

The Court Rules in Favor of Partners Benjamin Price and Ajay Ahluwalia’s Arbitration Ruling Awarding Damages!

Gavel with hardhats in background

At the close of the hearing, the arbitrator awarded BWB&O’s client approximately $1,000,000.00 in damages, interest, attorney’s fees, and arbitration costs, and denied the owner’s claim in its entirety.

September 23, 2025
Dolores Montoya - Bremer Whyte Brown & O'Meara LLP

The action involved a large-scale tenant improvement project for a manufacturing facility in Los Angeles County. BWB&O’s client served as the general contractor for the project. During the project, the owner terminated the construction contract for cause. The general contractor, through BWB&O, initiated arbitration proceedings asserting claims for Breach of Contract and Breach of the Implied Covenant of Good Faith and Fair Dealing.

BWB&O argued there was no basis for termination and thus, per the terms of the contract, the owner was liable for approximately $700,000.00 in termination costs incurred by BWB&O’s client. The owner asserted counterclaims against BWB&O’s client for Breach of Contract, Negligence, Breach of Duty of Good Faith and Fair Dealing, Malicious Prosecution, and Declaratory Relief, seeking no less than $1,500,000.00.


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