Lessons in Arbitration Construction Dispute -

In December 2021, Alex Turner, Jeff Patton, and Lee Denton in Spilman's Winston-Salem office arbitrated a construction dispute in Norfolk, Virginia on behalf of Sure Lift, Inc. The arbitration, required by the parties’ contract, resolved Sure Lift’s claims against the general contractor on a Virginia Department of Transportation (“VDOT”) project for breach of contract, breach of the covenant of good faith and fair dealing, and payment under the payment bond. The project involved the jacking and repair of five pairs of bridges along I-64 in Williamsburg, Virginia. However, due to poor project management by the general contractor and the general contractor's failure to perform necessary preliminary work for Sure Lift's scope of work, Sure Lift was delayed by more than a year in completing its original scope of work. As a result, Sure Lift sought approximately $1,100,000 in contract damages because of the general contractor’s failure to pay Sure Lift all of the contract amounts due under the subcontract. At arbitration, Sure Lift not only proved that the general contractor improperly withheld contract amounts that were due to Sure Lift under the subcontract, but it also successfully defended against the general contractor's counterclaim for its inflated back charges.