Chamblee Ryan, on behalf of the Respondent local Dallas landscape company, obtains Arbitrator’s award. In the arbitration, Claimants asserted claims allegedly arising out of a construction contract. At close of evidence Claimants sought $905,356.71, consisting of alleged damages of $205,700.18, additional damages in the amount of $411,400.36, and attorney’s fees of $288,256.17. Weston Hall, with the assistance of Michael Hearn, presented the case on behalf of the Respondent landscape company.
Over the course of two days Weston and Michael were able to concisely address each of the 42 distinct claims of damage and show that no actions of Respondent caused Claimants’ damages. The Arbitrator found that Claimants had not established any causal relationship between the actions of the Respondent landscape company and the asserted damages. In many instances, Claimants were seeking to recover damages for failure to perform work that Claimants themselves had requested be removed from the contract. The Arbitrator also found that Claimants’ allegations of damages under Deceptive Trade Practices and fraud were without merit.
In presenting the case for Respondent the defense team was able to expose Claimants’ attempt to obtain damages they were absolutely not entitled to. Their ability to inform the Arbitrator of Claimants’ failure on each distinct element of damages prevented not only the award of unjust damages but also the award of unreasonable and unjust attorney’s fees.
Attorneys: Weston L. Hall; Michael Hearn