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April 25, 2016 – Jim Lanter recovers $3 million judgment in construction case
Today the United States District Court for the Northern District of Texas, Judge Sam A. Lindsay presiding, issued it Memorandum Opinion and Order, together with its Judgment in Balfour Beatty Rail, Inc. vs. The Kansas City Southern Railway Company, Case No. 3:10-CV-1629-L.
The lawsuit arose from the construction of an 85 mile stretch of railroad between Victoria and Rosenberg, Texas, south of Houston. Balfour Beatty Rail, Inc. (“BBRI”) contracted with The Kansas City Southern Railway Company (“KCSR”) to construct approximately 61 miles of the project. After the project was completed, BBRI sued KCSR claiming that KCSR breached their contract and delayed its completion of the project. BBRI sought approximately $4 million in delay damages and another $500,000 for “extra” work. KCSR filed a counterclaim asserting that BBRI breached the parties’ contract and wasted ballast supplied by KCSR, and sought approximately $2.5 million in damages.
After a two week trial, the Court found that BBRI breached the contract, denied BBRI recovery of everything it claimed with the exception of $34,820 in undisputed contract change orders, and awarded KCSR $2.3 million plus pre-judgment interest in the amount of $700,000 for a total recovery of approximately $3 million. That amount is expected to increase after the Court determines the amount of attorneys’ fees to be awarded to KCSR.
KCSR was successfully represented by Jim Lanter and co-counsel, Paul O. Wickes of Wickes Law, PLLC.