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B. Christopher Lee, Esq. - Representative Cases
Construction Cases
- Represented electrical contractor terminated from major utility
project. After 14 day arbitration, prevailed on Cardinal Change
theory and received an award for $2,300,000 plus interest.
Awarded total costs and half of profit. Construction Manager's
claim for damages was rejected.
- Represented owner in roof collapse of a 40-acre distribution facility for major retailer. Retained expert and negotiated complete $8,000,000 repair by contractor and structural steel supplier. Negotiated $10,000,000 settlement of client's business interruption claim against its own insurance carrier.
- Represented general contractor in $1,400,000 claim against owner concerning construction of a strip mall. Owner counterclaimed for $2,000,000. Twenty-five day arbitration resulted in $1,800,000 award in favor of general contractor which included
interest and reimbursement for attorneys fees.
- Represented owner in claim against contractor and subs for use of defective fill on strip mall. Recovered full $1,600,000 of damages after litigation and successful mediation.
- Defended conveyer subcontractor and surety in claim for $23,000,000 brought by Oregon owner of a co-generation plant against the contractor, design professionals and other subcontractors. Successfully extricated client from case through summary judgment.
- Defended contractor against RICO claim arising out of $5,000,000 historic renovation project, wherein partner of owner entity claimed other partner and contractor secretly diverted funds from the partnership. After winning a motion to compel arbitration, the plaintiff sought to avoid arbitration by filing an involuntary petition for bankruptcy. Succeeded in motion to have the District Court withdraw the reference to Bankruptcy Court and direct the parties to proceed with arbitration. Fifteen day arbitration resulted in contractor retaining all questioned payments.
- Defended owner in claim by general contractor for extras and delay damages on a multimillion dollar historic renovation project in Philadelphia. After twenty-three days of arbitration, general contractor was awarded 25% of its claim and settled for approximately 15% of its claim, an amount less than that offered in settlement at the outset of the case.
- Represented the HVAC contractor in a claim against its design engineer arising from errors and omissions in the preliminary design-build plans prepared for bidding on an Atlantic City casino. The case was favorably settled after a two-week trial.
- Represented twenty-one subcontractors in a case against the owner, general contractor and lender on a multi-unit, low income project in Reading. The case was settled prior to trial for the full amount of the claim plus interest.
- Represented plumbing contractor in million dollar claim for extras on high rise hotel renovation in Center City Philadelphia. Case resolved favorably in mediation prior to completion of discovery.
- Represented owner of suburban low-rise office and warehouse facility in claim against contractor and design professionals for defectively constructed facade and window penetrations. Negotiated remedial construction at no cost to owner.
- Defended architect in owner's multimillion dollar claim for failure of pre-stressed concrete garage. Case was settled with no contribution by architect.
- Defense of architects and engineers in professional liability cases.
- Pursued numerous mechanics' lien and bond claims.
Commercial Cases
- Represented wholesaler in action against its software consultants who claimed proprietary rights in client's products and refused to supply source code necessary to support the products. Obtained temporary restraining order and preliminary injunction directing turn-over of source code. Defendants appealed asserting the complaint did not state a substantive RICO claim and that the court had no jurisdiction. After remand for further factual development, the District Court denied a motion to dismiss the amended complaint. The defendants ceased defending resulting in a permanent injunction and a judgment for $22,000,000.00.
- Represented clean room design builder in action against former
employees who misappropriated trade secret and proprietary information
to set up competing business. Obtained ex parte order directing
Federal Marshall to seize computers of former employees by arguing
that notice to opposing party and/or counsel would create danger of
destruction of digitall information. Case resolved with monetary
payment and consent order for permanent injunction. Competing
business discontinued.
- Represented design builder of proprietary high tech facilities in suit against departing employees who misappropriated trade secret and proprietary information to set up competing company. Obtained order from Court authorizing U.S. Marshal to seize computers without notice and case settled favorably thereafter with a substantial payment and termination of competing business.
- Represented former owner of manufacturing facility in diversity action seeking payment of final installment payments. Purchasers defended asserting counterclaims for environmental clean-up costs assessed by Pennsylvania Department of Environmental Resources. Obtained summary judgment in client's favor and defeated the counterclaim based upon contractual limitation period in sales agreement.
- Defended wholesaler and its principals in multimillion dollar RICO claim by foreign supplier. Court entered summary judgment based upon the forum selection and choice of law clauses in the agreement between the parties.
- Defended Metropolitan Dade County in multimillion dollar claim by manufacturer of mass transit rail cars. Succeeded in having trial court transfer the case to the Southern District of Florida, and defeated mandamus action in the Third Circuit seeking reversal.
- Represented investment banking firm seeking unpaid finders' fee for financing. Obtained judgment for full amount and counsel fees which was affirmed on appeal.
- Litigated numerous injunctions involving claims for breach of restrictive covenants in employment contracts.
- Counseled groups of lawyers, accountants and other professionals in departures from their firms to create competing firms.
- Represented clients in proceedings and investigations by administrative agencies, including the Bureau of Consumer Protection and the Securities and Exchange Commission.
- Defended numerous security companies against damage claims alleging faulty alarm systems or negligent guards.
Significant Transactional Representations
- Represented Development Manager for construction of Philadelphia Eagles new football stadium (Lincoln Financial Field), including preparation and negotiation of client's contracts with owner, architect, and construction manager.
- Prepared Pennsylvania contract documents for use by publicly traded developer of major auto racing venues.
- Preparation and negotiation of contract documents for development of extreme sports facility in Trenton, New Jersey.
Reported Cases
- Nova Ribbon Products, Inc. v. Lincoln Ribbon, Inc.,
1995 WL (E.D.Pa.); RICO Bus. Disp. Guide (1995)
- Marlee Electronics Corp. v. Eclectic Technologies Corp.,
1993 WL 30081 (E.D.Pa.); RICO Bus. Disp. Guide 8221 (1993)
- Nova Ribbon Products, Inc. v. Lincoln Ribbon, Inc.,
1992 WL 211544 (E.D.Pa.); RICO Bus. Disp. Guide 8148 (1992)
- Marlee Electronics Corp. v. Eclectic Technologies Corp.,
1990 WL 171532 (E.D.Pa.)
- Seltzer v. Klein,
1989 WL 51288 (E.D.Pa.)
- Budd Company v. Mass Transit Administration and Metropolitan Dade County, Florida,
1986 WL 3852 (E.D.Pa.)
- Dynaforce Corporation v. Temp-Way Corporation,
80 B.R. 699 (U.S.B.C. E.D.Pa. 1987)
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