Matters

Dispute Over Default Terminations of Contractor Under Construction Contracts

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Successfully represented the Washington Metropolitan Area Transit Authority (WMATA), as a substantial participant on the litigation team, in an enormous dispute before the U.S. District Court for the District of Columbia, which arose out of the default terminations by WMATA of the contractor under contracts for the construction of two subway stations and adjoining tunnels in the heart of Washington, D.C., including significant involvement in successfully defending against a motion for summary judgment relating to suretyship law. See Mergentime Corp. v. Washington Metro. Area Transit Auth., 775 F. Supp. 14 (D.D.C. 1991). Judge George H. Revercomb presided over the trial, which he characterized as the most complex civil trial in his 23 years on the bench. He eventually rendered his decision in a 251-page opinion, affirming the terminations and awarding over $16 million in damages to WMATA. See Mergentime Corp. v. Washington Metro. Area Transit Auth., No. 89-1055, 1993 U.S. Dist. LEXIS 11123 (D.D.C. July 30, 1993).