Darryl J. Horowitt and Bonnie J. Anderson recently resolved a complex construction dispute. In the action, the firm's client, a general contractor, provided labor and materials in the construction of twenty-eight buildings in the Yosemite Valley. The dispute arose between the prime contractor and the prime sub-contractor that ensnared the firm's client We then filed a Miller Act claim to recover under the payment and performance bond. Because of an arbitration provision, the firm's client was required to participate in arbitration. To make matters more complicated, prior to the date scheduled for mediation and arbitration, the prime sub-contractor filed a Chapter 11 petition in bankruptcy. The client was then required to litigate against the prime contractor and its surety only. Mediation was ultimately scheduled, however after two days of mediation a settlement was reached with the firm's client. Ultimately, all parties were able to reach a settlement and the arbitration was dismissed.
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