This past week Towson Attorney Adam Spence was able to negotiate a settlement of nearly $250,000 for his client in resolution of a construction dispute.
Complex Construction Claims
Adam Spence was hired by his client to pursue payment on work on two separate projects. Adam took steps to perfect a mechanic’s lien on one of those projects and ultimately filed suit to enforce that mechanic’s lien claim. Adam also filed a separate lawsuit for breach of contract and unjust enrichment on the second project. In response, the developer counter-claimed, asserting that change orders were not approved and that there were considerable delay damages (general condition damages).
The Lead Up to Mediation
Many businesses are able to resolve their own disputes if provided with the right opportunities. Believing that the parties would be able to work through many of their issues long before trial, Adam was able to position his client’s case to provide those opportunities.
Indeed, Adam reached out to opposing counsel and worked with him to encourage the parties to resolve as many issues as they could even before mediation.
With this encouragement, the parties were able to resolve many of the smaller issues between them and enter into the mediation with a clear picture of the remaining disputed issues.
The Marathon Mediation
Having narrowed the issues for resolution, the parties met for mediation.
After nine and a half hours of intense negotiations, Adam was able to obtain a settlement worth nearly $250,000 for his client. By the time that the parties left the mediation, they had a typed-signed settlement agreement with specific obligations and protections for both sides.
The Benefit to the Client
While not all cases are appropriate for early mediation, this case was a good candidate.
Because settlement was reached before discovery began in earnest, the parties were able to save significant sums in attorneys fees.
Also, the parties were able to avoid the considerable loss of business productivity that is involved with written discovery, depositions, hearings and trial.
How We Roll
Adam has extensive experience with settlement negotiations and mediation, having settled well over a thousand cases over his career. Adam also co-taught “Obtaining Power Settlements in Litigation” presented to attorneys by the National Business Institute.
The attorneys at SPENCE | BRIERLEY have handled many construction disputes for their clients. These disputes have ranged from exploding boilers to rock-strewn athletic fields to simple mechanic’s liens and breach of contract cases. Should you have a construction-related matter, do not hesitate to contact us to see how we may help you.
Of course, not all cases are alike and the results of one case do not necessarily mean that your case will have the same result. Take a minute to look over this important disclaimer.