Business Litigation Claims
Lead counsel representing manufacturer-supplier of equipment supplied to multi-billion dollar nuclear waste processing facility regarding claims against client for alleged latent defects in products and in related claims against prime contractor for amounts due under contract. Case settled after multiday mediation. CB&I Areva Mox Services, LLC v. Flanders Corporation, Civil Action No. 1:18-00052-TLW (U.S. Dist. S.C.).
Construction Claim by Developer
In one of Louisville’s up and coming neighborhoods, a developer was left with a defective venue, resulting in SKO filing a lawsuit on behalf of the developer against several subcontractors and arbitration was initiated against the general contractor. Issues included improper design, failure to adhere to specifications and generally poor workmanship. After investigation and discovery, SKO successfully settled the matter on terms that resulted in the developer recovering nearly 20% of its purchase price back from the contractors.
Construction Claim by Homeowner
After a construction remediation project left the homeowners with a terrible odor in their home, SKO filed a lawsuit on behalf of the homeowners against the general contractor and a subcontractor, among other defendants. SKO settled the lawsuit on extremely favorable terms to its client, recovering over $500,000 in their favor, which was actually greater than the appraised value of the home.
Construction Litigation Pursuit
SKO successfully recovered a substantial amount of money on behalf of its client, an owner of senior care facility, in a construction defect case. SKO filed claims on behalf of its client against the general contractor, subcontractors and suppliers, ultimately settling on confidential terms that provided a net recovery close to SKO’s client’s demand for recovery.
Construction Litigation Defense
SKO defended a general contractor in claims brought by the owner relating to a multi-billion dollar project in Canada involving the construction of a hydroelectric generating facility. Litigation took three years but after multiple settlement negotiations, SKO’s client successfully settled the case for a fraction of the amount demanded by the owner.
Successful representation of certain high-profile jockeys in their widely publicized efforts to wear advertising logos during thoroughbred horse races in the Commonwealth of Kentucky, most notably the Kentucky Derby.
Real Estate and Construction Finance – Multi-Purpose Commercial Space
Represented bank client in connection with its financing of a $100 million multi-purpose development located in downtown Lexington. The project included the construction of an underground parking garage, office building, residential suites and commercial space.
Real Estate Finance – Medical Office Building
Represented bank client in the documentation, negotiation and participation of a $48 million credit facility used by the borrower to finance the construction of a pediatric hospital owned and operated by an affiliate of the University of Louisville. SKO represented the bank in the subsequent semi-permanent financing for the credit facility, which was closed in April 2017, and is currently serving as both bank and bond counsel in connection with the conversion of the existing credit facility to a tax exempt facility.
Real Estate Finance – New Market Tax Credit Financing
Represented bank client in connection with financing to a national non-profit organization utilizing new market tax credits to finance the construction of an 80,000 square foot facility including a primary care health facility, youth and community outreach venues, health and wellness areas, and administrative offices in Evansville, Indiana.
Real Estate Finance – Multi-Family
Represented bank client in the documentation and negotiation of a $26 million credit facility used by the borrower to finance the acquisition, improvement and construction of a multi-unit apartment complex located in Jeffersonville, Indiana.
Building Dispute/Injunctive Relief
Home Depot, U.S.A., Inc. v. Saul Subsidiary I Limited Partnership, Ky. App., 159 S.W.3d 339 (2005)
Represented owner of Lexington Mall and obtained injunction requiring Home Depot to remove its store and restore the Mall structure because Home Depot violated restrictive covenants; case settled.
Zone Change for Mixed-Use Development
SKO represented clients in the acquisition, zone change, development plan approvals, and all related permitting for a 50-acre Mixed-Use Development including retail, office space, and multi-family residential uses.
Represent independent franchisees in financing, franchisor relationships, contracting, construction, leasing and related matters.
Drafting Form Construction Contracts & Documents
SKO has assisted a governmental client with revising its construction contract forms and documents to update them to current standards and circumstances.