Zarwin Baum Secures Win After Lengthy Construction Project Litigation

Following three years of contentious litigation and after nearly ten days of trial, Anthony Twardowski and Andrew DeLuca secured complete victory for their client, a general contractor on a substantial mixed-use development in Philadelphia’s Northern Liberties neighborhood, in a multi-pronged litigation against its principal subcontractor on the project. After Anthony and Andrew’s client terminated the subcontractor because of material defaults, the subcontractor launched a barrage of lawsuits under multiple subcontracts and in a variety of forums, including AAA arbitration under one of the subcontracts, Philadelphia Common Pleas litigation under another, and the filing of millions of dollars of mechanics’ liens under both.

The AAA arbitration was the first proceeding to be adjudicated. After substantial pre- and post-hearing briefing and following nearly ten days of testimony in which Anthony and Andrew meticulously presented their client’s evidence and arguments and eviscerated their adversary’s positions, the three-member Panel of distinguished construction attorneys unanimously ruled in Anthony’s and Andrew’s favor, rejecting, in a lengthy written decision, the subcontractor’s claims in their entirety and awarding Anthony’s and Andrew’s client millions of dollars in damages on its counterclaims. After still more substantial briefing before the Common Pleas Court, the Arbitration Award was fully confirmed. Like the arbitrators, the court adopted Anthony’s and Andrew’s arguments, rejected all of the subcontractor’s claims, and proceeded to enter judgment in favor of Anthony’s and Andrew’s client. Not long after, with the stage having been set, Anthony and Andrew were able to negotiate a resolution of all the remaining proceedings on very favorable terms.