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Dec 31, 2011

Baker Sterchi Wins Appeal Before the Eighth Circuit Court of Appeals In Hotly Contested Construction Case


A decision from the 8th Circuit Court of Appeals affirmed a jury verdict obtained by Baker Sterchi in favor of its clients MacKenzie House, L.L.C. (developer) and MH Metropolitan, L.L.C., (owner) of a Kansas City apartment complex.  Appellant, The Weitz Company (an Iowa-based contractor) was retained as the contractor of the apartment complex and eventually walked off the project after significant delays and cost overruns.  Weitz brought a breach of contract claim seeking millions of dollars in damages against Baker Sterchi’s clients and in turn, MH Metropolitan brought a counterclaim against Weitz.  After a three week trial, a federal jury in Kansas City found in favor of MacKenzie House and MH Metropolitan on Weitz’s breach of contract claims and awarded MH Metropolitan approximately $5,000,000 on its counterclaim.  Litigation in this case had been ongoing for 5 years.