The Owner’s Construction Manager failed to perform as his contract required in numerous ways. The Architect rejected the stone veneer because the material provided was not per the specifications. The CM refused to provide the material specified.
The Owner terminated the CM from that portion of the work. It was discovered that the CM had overbilled the project and had been paid for work and materials not yet provided. The CM pay applications were adjusted to reflect the work complete. The CM protested and stopped work. The Owner terminated the CM and retained another CM to complete the project.
The original CM sued, alleging the Owner breached his contract. The Owner has stated that their legal counsel did not properly prepare for their arbitration or effectively utilize the ample documentation we provided. The CM also sued the architect for slander for reporting the CM’s failures to perform to the Owner as his contract required. That case settled before trial.