Business Interruption. On behalf of a southern California city, reviewed business interruption claim submitted by a contractor for damage to his offices and equipment due to flooding allegedly caused by failure of City's flood control system. Based on review of financial records submitted by contractor, was able to significantly reduce claims amount at settlement.
Contract Dispute. On behalf of homeowner's association, reviewed multi-million dollar billings from contractor for repair work to large condominium project in San Fernando Valley as result of damage from 1994 Northridge earthquake. Reviewed voluminous records from contractor, including all sub-contractor and payroll files. Discovered evidence of over-billing and billing for costs incurred by contractor for other projects. Resulted in substantial claim for reimbursement from contractor.
Fee Dispute. Savings and loan provided construction financing for a high-rise condominium project. Developer of project fired general contractor. All draw requests submitted by general contractor for payment were not paid to contractor prior to contractor being fired. Subsequent to firing of general contractor, developer went bankrupt, but project was eventually sold and completed. Fired general contractor sued savings and loan for unpaid draw requests. Unpaid draws were primarily for amounts due subcontractors. Most of these amounts were paid directly to subcontractors after general contractor was fired. Determined all amounts due and all amounts paid to subcontractors from all sources. Calculated outstanding amounts, if any, owed to any subcontractors or vendors. Investigated possible overpayments to general contractor for billings over and above work completed. Deposition and trial testimony.
Contract Dispute. Developer of large apartment project sued, and was counter-sued, by general and some subcontractors. Developer sought to recover damages due to defendants' non-performance of work, work not completed on schedule, over-billing, sub-standard work, and work that had to be re-done. Evaluated progress billings to developer, compared billings to contract terms, and work actually completed. Calculated amounts developer actually owed for work that was done, and any overpayments to be returned to developer. Prepared notebooks and exhibits for arbitration.
Partnership Dispute, Damage Calculation. Representation of minority partner in real estate partnership. Reviewed records of partnership; calculated amounts due minority shareholder caused by misappropriation of partnership assets by controlling partners, including interest-free loans to related parties, below-market rent to related party and failure to advertise certain property for rent. Valued current worth of partnership and minority partner's interest. Prepared trial notebooks and trial exhibits. Trial testimony.
Contract Dispute. Plaintiff sold part of his business to former employee. Agreement of sale included consulting contract stating plaintiff would receive 10% commission on all related sales for next five years. Defendant ceased payment of commissions prior to expiration of contract period. Reviewed defendant's job records for entire contract period; calculated commission due plaintiff.
Inverse Condemnation. Developer in Los Angeles County signed an Owner Participation Agreement (OPA) with a local city and its redevelopment agency. OPA was to construct an office and retail project on a site consisting of parcels owned by the city, the developer and a third party. The city refused to abide by certain terms of the OPA, causing economic damage to developer. On behalf of developer, calculated projected cash flow from proposed project and economic loss to developer. Also calculated loss of rental income from vacant units on developer's existing property.
Audit Testing of Billing. On behalf of developer of master-planned community in the Antelope Valley, performed audit testing of monthly billings from project's planning and engineering firm to determine propriety and reasonableness of billings.