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We secured an arbitration award in excess of $5 million on behalf of a general contractor. The arbitration award was for a breach of contract/cumulative impact claim against the developer of a high end waterfront residential condominium project. The award exceeded the Guaranteed Maximum Price, as adjusted by change order.
Represented US entity in distributorship dispute with UK company and its US sales and marketing subsidiary. The matter was administered by ICDR and arbitrated in Rhode Island. Issues concerned reaching the correct respondent (which had approximately 13 related companies). Received award for 100% of damages, plus attorney’s fees under Rhode Island statute, plus interest, and had the correct respondent liable for the award. The matter is now in collection in the UK, which administers such awards under the New York Convention.
Represented one of two partners in partnership dispute pertaining to operation of P&C personal lines insurance agency. Ultimately we secured an agreement to arbitrate the dispute, addressing liability and then issues of valuation for a divorce between the partners. Secured findings in favor of our client and very successful award of damages (high six figures) for his interest in the agency.
Represented a construction manager seeking payment for labor and materials (plus profit) provided to a luxury condominium developer, prior to termination. Required to prove that the termination was for convenience and then to prove damages, which was challenging due to the manner in which financial records were maintained. The developer offered nothing to settle until first day of hearings, when he offered slightly less than $1 million. Ultimately an award was issued providing for payment to construction manager of slightly more than $5 million, representing almost a 100% recovery plus interest.
Represented the developer of limited service hotel in dispute with construction manager, leading to construction manager’s termination of the contract, arguing material breaches by the developer. The matter went through mediation and then arbitration with award being issued in favor of developer for cover. The proceeding also involved peripheral disputes with various trades who had liens on the project.
Represented “parts and smarts” subcontractor in dispute with 2d tier subcontractor in construction of major retail shopping mall. The 2d tier subcontractor claimed $1 million plus in impact damages arising out of project acceleration and also claimed damages owing to alleged latent ambiguity in plans. Won an award finding no liability.
Served as chair of arbitration panel addressing claims by public owner against Design Builder of waste-to-energy generating equipment. Following issuance of award against Design Builder, at the request of the Design Builder, successfully mediated a resolution in a follow-up dispute with its vendors/subcontractors and consultants.
John Bulman has been asked to serve as an arbitrator in a consumer dispute based on the Fair Debt Collection Practices Act regarding alleged violations of the Telephone Consumer Protection Act and breach of contract.