On June 9, 2017, a Harris County jury returned a verdict in favor of OBT’s client, QC Laboratories, following a five-week trial that implicated six Houston ISD campuses. QC Labs was represented by OBT construction litigation attorneys, Chris McKinney and Kim Daily.
QC Labs provided materials testing and inspection services during the construction of a new building at Worthing High School. Houston ISD alleged that QC Labs failed to properly inspect the building pad and concrete piers on that project. The district sought to recover more than $1.5 million dollars for costs associated with the reconstruction of the building pad and piers.
OBT developed a compelling case, offering evidence that QC Labs had performed each and every duty required under its agreement. “Our team also recognized there was no real evidence of defects in the building pad or piers, both of which HISD covered up or destroyed before notifying QC Labs of the claim,” said Chris McKinney. Indeed, the jury found that QC Labs was not liable for breach of contract and refused to award Houston ISD any damages.
Significantly, the jury also found that Houston ISD was obligated to pay the general contractor, Fort Bend Mechanical, approximately $4.5 million in connection with the six construction projects, along with an additional $1.7 million for Fort Bend Mechanical’s attorneys’ fees through the time of trial.
The district also failed to recover any of its litigation costs, including $1.6 million in attorneys’ fees and more than $400,000 paid to a single expert for testimony regarding the district’s alleged damages. “The district spent a tremendous amount of money trying to make its case. We were able to counter that by quickly identifying the critical evidentiary issues and developing an efficient litigation strategy focused on presenting those issues to the jury,” remarked Mr. McKinney.
Chris McKinney is a construction litigation attorney practicing in the firm’s Houston office. He has been recognized in the field of Construction Litigation by Texas Super Lawyers, a Thompson Reuters publication (2016). If you would like additional information regarding this verdict or the firm’s construction litigation practice, feel free to contact Chris at (713) 333-6700 or cam@obt.com.
This case may be subject to additional appeals or reviews. The results obtained in this case are unique to the factual and legal circumstances of the case and are not intended to convey an expectation of similar results in other cases.