July 6, 2018 | By Bekah Harger
McCathern Partners Paul Grinke and Jesse Hoffman from the Frisco and Dallas offices teamed up to win a rare Directed Finding at a Final Arbitration Hearing, resulting in the dismissal of their client from a complex construction defect case with claims in excess of $31 million.
McCathern’s client was sub-contracted to help construct a 402 unit, high-end apartment complex in Odessa, Texas. Years after completion, the owner discovered damages allegedly caused by defective construction that it believed would require the near complete re-construction of the complex. The owner filed claims against the general contractor, who in turn filed claims against multiple sub-contractors on the Project, including McCathern’s client. The matter was litigated over a span of three years in two separate venues, both in the courtroom and in arbitration, and included more than 20 parties. The owner and general contractor refused to participate in settlement negotiations with McCathern’s client.
The Final Arbitration Hearing spanned the course of a month. McCathern attorneys Paul Grinke and Jesse Hoffman were able to establish, through cross examination of multiple construction engineers and experts, that there was insufficient evidence McCathern’s client was guilty of faulty construction. Before closing arguments, the panel of three Arbitrators granted a Directed Finding, dismissing McCathern’s client from the proceeding.
Congratulations to McCathern’s client, to attorneys Paul Grinke and Jesse Hoffman, and to the rest of the McCathern team on a well-deserved win!