Yankwitt LLP achieved a significant legal victory, successfully defending a global biotechnology company in a complex lawsuit brought by its former construction manager, Skanska. The dispute arose from our client’s multi-billion-dollar expansion of its headquarters in Westchester County, New York.
Skanska alleged that our client failed to pay for additional services provided during the preconstruction phase of the contract, causing delays that resulted in damages. The complaint included five claims: two breach of contract claims, a declaratory judgment claim, and two claims for breach of the implied covenant and fair dealing.
Yankwitt LLP filed a motion to dismiss the declaratory judgment claim and the two implied covenant claims, which had the potential to significantly expand the scope of the case and our client’s exposure. Following a comprehensive briefing, Judge Halpern (SDNY) granted the motion in full, resulting in the dismissal of all three claims.
The court concurred with Yankwitt LLP’s arguments that the declaratory judgment claim was unnecessary, the first implied covenant claim was duplicative, and the second implied covenant claim failed due to a lack of contractual obligation to negotiate future contracts. Importantly, the court also agreed that Skanska’s attempt to seek consequential damages for lost profits was barred by the parties’ contracts, significantly limiting potential damages.
Yankwitt LLP’s thoughtful legal strategy and thorough preparation were crucial in securing this favorable outcome, showcasing its prowess in handling high-stakes disputes.
Managing Partner Russell Yankwitt led the Yankwitt LLP team, which included Partner Dina Hamerman, counsels Jonathan Ohring and Cassandra Vogel, Senior Associate Scott Wenzel and Associates Connor Hilbie, Philip Tullo and Ryan Wintermute.