Waterfront Pearl – Delay and Cost Overrun Claims

Ball Janik LLP represented the owner and lender in a cost overrun and professional negligence action against the architect of two high rise luxury condominium buildings along the Willamette River in Portland, Oregon. The primary claim was that the lead architect failed to deliver adequate construction drawings to allow for the efficient construction of the buildings. The architect brought counterclaims against its sub-consultants (the structural engineer, the mechanical engineer, the interior designer, and others) for indemnity. Additionally, the architect asserted that the general contractor for the $70 million project caused all of the delays and cost overruns. Claims were filed with the American Arbitration Association (“AAA”) pursuant to the agreement. The matter was complex, including multiple design issues, scheduling, and construction actions. Further, the damages claim involved complicated cost calculations and accounting issues. The parties ultimately settled this dispute on very favorable terms to our client after multiple mediation sessions and direct negotiations.

Bruce H. Cahn (litigation partner) represented Waterfront Pearl LLC in this matter.