Religious Employment Discrimination Case Tossed Out by Court:The firm represented a contractor building a high rise condominium who was sued by six former employees for religious discrimination. The Plaintiffs alleged that as practicing Seventh Day Adventists they could not work on Saturdays. As a result of a fast track schedule, the contractor was forced to replace the Plaintiffs on the work crews.
The Federal District Court ruled that the terminations were lawful as the contractor had a legitimate business purpose for the change in schedule which was non discriminatory. Vernet vs. J.A.M. Shell Builders, Inc., Case No. 05-cv-60339-U.S.D.C., Judge Martinez
Multimillion Dollar Settlement for Contractor: Firm lawyers, Oscar E. Soto and Felena R. Talbott, resolved during a multi day mediation a 10 million dollar dispute between a developer and and general contractor arising from the construction of a high rise condominium project overlooking the Atlantic Ocean. The developer alleged that the contractor delayed the project two years due to mismanagement and performance of defective work. The general contractor alleged that the owner's design documents were fatally defective and that the owner failed to approve/pay 3 million dollars in change orders. Utilizing scheduling experts and other consultants, the firm's lawyers were able to focus responsibility for the delays on the deficient drawings/design team and the owner-directed extra work.
School Board Recovers for Defective Fire Wall Design: Firm lawyers, Oscar E. Soto and Felena R. Talbott, represented a public entity suing the project architect for a high school replacement project who failed to properly design a fire wall solution to a building seperation issue between new and existing buildings. After discovery and extensive motion practice, the case was resolved with the public entity receiving a substantial recovery of its costs to correct the deficient fire walls. The firm has successfully litigated a number of contractor and design claims arising from public projects.
Surety pays Subcontractor 1.5 Million to Settle Inefficiency Claim: Firm lawyers, Oscar E. Soto and Alex O. Soto, successfully represented a large shell contractor against a payment bond surety for escalation costs and delay impacts caused by the owner and contractor who were accused of interfering with the means and methods of constructing a muti-story post tension garage/hotel attached to an existing Miami Beach Art Deco hotel. The firm employed a cost estimating consultant to assist in the presentation of the case. After discovery was completed, the case settled at mediation with a settlement for the subcontractor in excess of 1.5 Million Dollars.
ARBITRATOR ORDERS APARTMENT COMPLEX OWNER TO PAY ROOFING COMPANY $900,000.00:Firm Partners, Felena R. Talbott, Esq. and Oscar E. Soto, Esq., successfully arbitrated a dispute between a publicly traded (REIT) operator of rental communities and a Roofing Company arising from Hurricane Wilma emergency tarping and re-roofing work.The dispute arose over the proper sloped roof methodology for placing blue tarping on 32 buildings after Hurricane Wilma and the alleged overtarping, resulting subsequent damages and unnecessary re-roofing required by the overtarping. Unfortunately, the tarping work was performed on an emergency/expedited basis without a scope of work or specifications.