Haight attorneys obtained summary adjudication on three separate motions on behalf of a large concrete/asphalt manufacturer after over four years of contentious litigation. Plaintiff, a construction company, contracted for supply of asphalt concrete to be utilized in a paving project. After the project was completed, the owner complained of issues with the project, and litigation ensued. The owner claimed Plaintiff’s poor workmanship (and bad attitude) resulted in deficient and poorly performing roads, and Plaintiff claimed any issue with the pavement resulted from the asphalt concrete mix design and defects in the asphalt.
Haight successfully defeated all but one of Plaintiff’s seven causes of action in three complex motions for summary adjudication. These motions were a huge victory for Haight’s client as this was the first time any of its national counsel were successful in enforcing its contractual limitation of damages provision.