News & Insights

Arbitration Victory

28 Nov 2004

Two years ago, our client, a luxury home builder filed suit against a homeowner for breach of contract for failure to pay a substantial bill. One day prior, the homeowner filed suit against our client in a different county for fraud and breach of contract, which they claim resulted in extensive mold growth, structural defects, and poor workmanship, among a myriad of other defects in the construction. The owner fought the arbitration clause in the agreement for a year and a half in both Cook and Lake County until the Lake County Circuit Court finally granted our client's motion to compel arbitration. After twelve days in binding arbitration, the arbitrator drafted a written opinion, stating that while the home builder had proven substantial completion of the work at the residence, the owner failed to prove by competent evidence the numerous defects that had been advanced against our client as an excuse for their failure to pay. Our client's claim was granted in full, including attorneys fees, interest and costs, and the owner counterclaims were denied in full.

Kudos to Jeff Mayer, Jenny Koger, Lori Goodwin, Saundra Woods, Tatiana Caldas, Jen Milos, Missy Sandberg, Susann Barnes, Christine Stevenson, Mary-Claire Ross, Dorothy Schaetzle, Brian Nettles, Ross Kennerly, Alan Bartlett, Dorothy Murrell, Sarah Pratt, Amy Swano and Tom Wise.

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