David P. Muth, Partner

Success Stories

​If Your Work Was Part of the Problem…

A developer hired a general contractor to construct four apartment complexes in Wisconsin. The general contractor and some of the subcontractors made a number of serious errors during the construction that caused significant water penetration and mold. Quarles & Brady, working with one of its construction experts, worked quickly to identify the defects, the scope of repairs, and total cost to repair. The general contractor, the subcontractors, and their insurers were joined in a lawsuit. Based upon our analysis of the law and the problems at issue, the defendants contributed their percentage of fault during mediation and our client received a seven-figure settlement to repair the buildings without the expense of a trial.

​It Is Not a Warehouse Without a Floor

Our client’s new 200,000-square-foot warehouse had a defective concrete floor. We moved quickly to assemble the right team to assess the situation, confirm workplace safety for the client’s employees, and identify where and how the construction defects occurred. While navigating the complexities of the economic waste doctrine, we coordinated the correct scope of repair and convinced the general contractor and its insurer as to a reasonable settlement early in the litigation to reduce the client’s costs and potential downtime―so the client could go back to focusing on its business.

​If You Can’t Obtain a Fair Settlement, We’re Fully Prepared to Take the Case to a Jury

Our client purchased an interest, via a §1031 exchange, in a building that was to be used as a daycare. Unfortunately, errors occurred in the lease and option to purchase negotiations by the client’s former counsel. As a result, out client lost its valuable, exclusive option to purchase the remaining 50-percent interest in the daycare. That error lead ultimately to our client selling its interest and losing the significant equity that would have come had it been able to exercise its option.

When the parties were unable to settle the claim, Quarles & Brady tried the case to a jury in Wisconsin. After a five-day trial, the jury awarded our client a verdict to reimburse them for their losses.