On November 3, 2022, James P. Kenny the newest member of Airdo Werwas, LLC, obtained a verdict for one of our General Contractor clients against a subcontractor that had sued claiming that it had been inappropriately locked out of three job sites and was not paid for completed work in excess of $300,000.

In addition to having the judgment entered in our client’s favor on all of the subcontractor’s causes of action, we also received a verdict against the subcontractor in the amount of $289,243.46, which represented the costs and expenses incurred by our General Contractor client in having to repair the shoddy workmanship of the subcontractor in order to complete the three projects after the subcontractor was removed from the three job sites.

Judge James Snyder, Associate Judge for the Circuit Court of Cook County’s Commercial Calendar, presided over this four day Zoom trial. Mr. Kenny explained that this trial was uniquely positioned for a successful Zoom trial, given that at least one of the witnesses and an interpreter were located in Poland at the time of trial He also explained that Zoom allowed him to be able to focus the attention of the Judge and the witnesses on specific photographs that helped explain the reason the subcontractor was removed from the job sites, and on the extent that the work completed by the subcontractor was not properly completed.

The judgment was entered in our client’s favor on the subcontractor’s three causes of action: Breach of Contract for an Alleged Oral Agreement, Breach of Contract of a Written Agreement, and Quantum Meruit (equitable) Claim. Our one count Counterclaim was for breach of the written subcontractor agreement in the amount of $289,243.46.

This General Contractor had basically decided after removing the subcontractor from the site that it was simply glad that it was then able to get the three projects back on track to be timely completed. It had no desire to pursue the subcontractor for recovery. It was not until the subcontractor sued them and after consulting with Mr. Kenny that it was determined that, in fact, the subcontractor’s workmanship was a breach of their subcontractor agreement and that our client would be able to collect for its consequential damages in having to repair the original work of the subcontractor. Mr. Kenny said that “sometimes the best defense is a good offense.” He added that this is the case only were the facts are well supported by the evidence, which we were the facts in our case.

If you are a general contractor that finds itself in a similar situation, then please contact Airdo Werwas, LLC, about scheduling a meeting so that Mr. Kenny or any of our other well qualified attorneys can consult with you on the defense of breach of contract claim or the possibility of putting together a recovery plan and strategy.

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