One of your subcontractors (“subs”) has messed up causing you to incur some expense, but not enough in your opinion to pursue. The sub turns around and instead of appreciating its good fortune, sues you claiming $50,000.00.
What should you do?
Taking no chances, our client contacted us. We promptly filed a counterclaim for the monies which our client had not initially intended to pursue. Due to the amount involved, we took the sub’s deposition. As a result of our careful preparation, it became apparent a discrepancy existed between the sub’s payroll numbers and those he was reporting to the general contractor. During a break in the deposition, we informed the subs counsel as to what we intended to ask and what the evidence would demonstrate and gave the sub the option to walk away from his suit with his dignity. As a result of our thorough preparation and precise and detailed questioning, the sub “gave it up” and walked from $50,000.00.