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Alison Hurley and Allison Howard Prevail in Hard-Fought Contract Dispute

Partner Alison Hurley and Associate Allison Howard who are part of BWB&O’s Business Litigation team recently prevailed in a hard-fought contract dispute for their clients initiated in 2017.

Ms. Hurley and Ms. Howard served as litigation counsel to a national maintenance company in relation to a contract dispute over their performance of their work for a property management company at a medical building in Orange County. The underlying action stemmed from Plaintiff’s alleged personal injuries claiming to have been caused by a trip and fall at the property. BWB&O’s client was brought into the matter on a Cross-Complaint by the property manager, who claimed BWB&O’s client failed to perform duties pursuant to the contract relating to the site condition that plaintiff alleged caused her to fall. The Cross-Complaint included claims for equitable indemnity, equitable contribution, express contractual indemnity, apportionment of fault, and declaratory relief.

BWB&O’s business litigation team aggressively defended its client and the theories of recovery alleged by the property management company’s counsel. BWB&O filed a motion for summary judgment and successfully argued the contract between its client and the property manager did not include maintenance obligations relating to the portion of the property at issue. Further, that the other claims asserted were superseded by the parties’ agreement.