Kaplin Stewart Construction Department Kicks Off The New Year With A Trial Victory
2/6/2014 | Construction Blog
Kaplin Stewart Construction attorneys Robert Korn with assistance from paralegal Lynne Scott, successfully represented a contractor client in a breach of contract action and for violation of the Pennsylvania Contractor and Subcontractor Payment Act. As the Plaintiff, Kaplin Stewart’s client sought damages that included the contract balance, interest, penalties and attorney’s fees in connection with the defendant’s failure to provide payment of the principal balance in excess of $30,000. Contesting the claims, the defendant alleged that a defect in Plaintiff’s workmanship resulted in back charges that justified non-payment.
The case, which began in Federal court and was later moved to State court by agreement after a significant portion of the remaining principal balance was paid by defendant, had been contested in litigation for nearly four years. After the firm was able to obtain an arbitration award that included interest, penalties, and attorneys’ fees under CASPA, the defendant appealed. The case then proceeded to a 2 day bench trial, ultimately, the Court found no defect in the workmanship of Kaplin Stewart’s client and entered a six figure verdict in favor of the Plaintiff that included additional attorneys’ fees, costs, and interest.
Kaplin Stewart is pleased to have been able to help its client achieve this positive outcome. Congratulations and credit is due to Robert Korn, and Lynne Scott for a job well done.