Cole Schotz Prevails On Appeal for Kinney Construction

March 4, 2021Attorneys: Adam J. Sklar and Arnold P. Picinich
Cole Schotz represented Kinney Construction in a lawsuit filed by a terminated subcontractor. The subcontractor sued to collect moneys it claimed were due to it after being terminated from our client’s project involving the construction of a medical services facility. Our client claims that it was the one actually damaged by the subcontractor’s work leading to its termination. Before responding as to the substance of the lawsuit, however, the Cole Schotz team filed a motion to dismiss the complaint based on a venue provision in the parties’ subcontract requiring all disputes to be heard in the courts of our client’s home county in Arizona. The trial court granted our motion to dismiss and the NJ Appellate Division affirmed, such that our client could only be sued by the subcontractor in Arizona, including for the subcontractor’s claims under the NJ Prompt Payment Act.

The Cole Schotz team included Adam Sklar and Arnold Picinich.

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