McDonald Kloth LLC Successfully Defeats $2.4 Million Claim On Behalf Of New Berlin, WI, Construction Demolition Firm
By Shannon McDonald | Oct 23, 2017
Dakota Intertek Corp. (Dakota) is a construction and demolition company based in New Berlin, Wisconsin. Dakota has performed construction and demolition work, both privately and publicly, in the Midwest over the past 24-plus years.
In 2016, Dakota subcontracted with Bay View Lumber Company, LLC, (BVL) to deconstruct/demolish a wood building located on First Street, on the Southside of Milwaukee. The wood building was approximately 500 feet long, 80 feet wide, and 55 feet tall; and was composed of 100-150-year-old timbers. Dakota’s subcontract granted BVL exclusive rights to the timbers salvaged from the building.
Shortly after BVL began its deconstruction/demolition efforts on the wood building, Dakota began receiving reports indicating that BVL’s deconstruction/demolition efforts had undermined the structural stability of the building, and created a grave danger to the public and workers. In response to these reports, Dakota immediately mobilized its personnel and equipment, and took down the remaining building safely and expeditiously.
BVL subsequently filed a demand for arbitration on December 2, 2016, claiming $3.3 million in damages allegedly resulting from the lost value of the timbers. BVL later reduced its demand to $2.4 million.
McDonald & Kloth, LLC defended Dakota in the arbitration filed by BVL. On October 10, 2017, following a four-day arbitration held in Milwaukee, Wisconsin, a Chicago-based arbitrator issued his decision denying the $2.4 million claim brought by BVL in its entirety.
Contact McDonald & Kloth, LLC to discuss how our attorneys can help with the challenging legal construction issues currently facing your company.