NORTH SQUARE ASSOC., LLP v. GENERAL CONTRACTOR, ET AL.

NORTH SQUARE ASSOC., LLP v. GENERAL CONTRACTOR, ET AL.
Resolution date: 07/08/2009
Case No. 07-CV-2751
State of Wisconsin/Circuit Court/Dane County
Jury Trial – Second Chair Counsel

In this construction case, the Corneille Law Group defended a general contractor who was sued by the owner of a large commercial building.  The building owner claimed to have suffered damages from an alleged water leak resulting from a defective roof drain system.  The subcontractor responsible for the installation and repair of the roof drain system was also named as a defendant in the lawsuit.  Throughout the case, the subcontractor and its insurer took the position that the general contractor should be held responsible for the water leak, regardless of fact that the general contractor did not design, install or repair the roof drain system.  The highest settlement offer made by the subcontractor prior to trial amounted to only a fraction of the general contractor’s offer.  Nevertheless, the general contractor did not alter its settlement position and the case proceeded to trial.  After the third day of what was scheduled to be a five day trial, the subcontractor re-evaluated its position and increased its settlement offer to an amount substantially greater than the highest settlement offer made by the general contractor.  The offer was accepted and the case resolved prior to the conclusion of trial.

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