Dinsmore Litigator Secures Sizeable Judgment for Client in Breach of Contract Claim

October, 2022 - Louisville, Kentucky

Dinsmore litigator and Boston office managing partner Javier Flores recently secured a judgment on behalf of his client, Northeast Tank and Environmental Services Inc. (“Northeast Tank”), in a jury waived trial in Worcester, Massachusetts. The case centered around a commercial construction project in which Northeast Tank was retained by the property owner and operator (collectively, the “Owner”) to perform certain aspects of a gas station renovation. 

Northeast Tank ceased work several months into the project after a dispute over whether a benchmark payment was due under the contract. The project remained incomplete for multiple years until Owner retained a separate contractor to complete the project. Northeast Tank asserted a breach of contract claim against the Owner seeking the outstanding money owed under the contract. Owner counter-claimed for breach of contract and violation of M.G.L. c. 93A and sought approximately $820,000 in damages. Javier was able to successfully defeat the Owner’s counter-claims seeking $820,000 in damages and obtain a $200,000 judgment for Northeast Tank on its breach of contract claim. The bench trial lasted one week and included more than 140+ exhibits. 

This is the latest example of Dinsmore litigators earning victories for their clients. This spring, a team of Dinsmore Lexington attorneys earned a unanimous jury verdict for Big Sandy Company, LP that awarded the client more than $4.8 million in a breach-of-contract claim. That win was preceded by a team of our attorneys who successfully defended clients HyundaiGenie and Terex in product liability cases with claims totaling more than $78 million.

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