Kemp Klein

Zawideh Enforces Subcontractor's Claim against General Contractor

A small closely held electrical contractor was hired by a general contractor (“GC”) to provide electrical work and products on a commercial project in Ann Arbor.  Due to personal matters within the owner’s family that distracted them, the subcontractor never filed a construction lien on the property to secure their payment.  Unbeknownst to the subcontractor, the GC quietly settled all of its outstanding claims with the owner of the property, and then tried to get all of the subcontractors and laborers to settle their claims for pennies on the dollar.  After the subcontractor retained Robert S. Zawideh, he immediately demanded arbitration as called for in the parties’ contract, and asserted claims of breach of contract and conversion.  Thereafter, he took the deposition of the President of GC.  During that deposition, Mr. Zawideh presented the GC President with a notarized Sworn Statement signed by the GC’s Vice-President (the President’s brother) and notarized by the GC’s attorney (the President’s wife) that confirmed the amount claimed by the subcontractor for its work.  Under aggressive cross-examination, the GC President attempted to distance his company from the Sworn Statement by testifying that his company routinely signs false sworn statements.  After the first day of the arbitration, the case settled when the GC agreed to pay Mr. Zawideh’s client almost $0.90 on the dollar of what was claimed by the subcontractor.

 

For questions about this contact Mr. Zawideh at Kemp Klein via Email or by phone: 248 619 2599

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