When a Crane collapsed at a construction site in New York in 2008, many were quick to blame anyone and everyone involved in the project. One such company was a Concrete Company who had leased a crane and was building the superstructure. During the construction phase the crane malfunctioned and collapsed; killing two workers and injuring others. The owner, the general contractor, the crane owner and the company using the crane, as well as others, were sued and brought suit against each other for various contractual breaches as well as for the personal injuries and wrongful death. The Concrete Company, who was operating the crane, was forced to pay over $6 million dollars in delay damages early on, despite not being found responsible for the collapse or the damage up to that point. The contract called for them to cover all damages regardless of fault.
After a lengthy trial, the jury exonerated the Concrete Company and found that the Crane owner and its principal had in fact been the sole proximate cause of the crane collapse.
The Concrete Company, having spent over a million dollars in legal fees defending itself for several years, sought out the firm of Leav & Steinberg, LLP. They met with us and were advised that we would be willing to take on all efforts to recover what money they lost from the responsible Crane Owner. Unfortunately, the Crane Owner then declared bankruptcy.