Slowinski Atkins, LLP awarded $270,720.63 in attorneys’ fees against environmental consultant.

Slowinski Atkins, LLP was awarded $270,720.63 in attorneys’ fees for a developer’s claim against an environmental consultant after it terminated remediation services under a Guaranteed Cleanup Cost Contract that was backed up by a Cost Cap and Pollution Legal Liability Policy. The consultant agreed to perform the cleanup work for a not-to-exceed cost of $1,992,509.20 and the cost cap policy provided coverage over a self-insured retention or SIR to cover the risk that the costs to remediate the known pre-existing hazardous substances would exceed that amount. As the cost was about to exceed the not-to-exceed cost and the policy term expiration date approached which would have required the consultant to pay for the work, the consultant terminated the services contending that the plaintiff was in breach for failing to pay for unknown pre-existing hazardous conditions and other costs not covered by the contract. The Guaranteed Contract contained an arbitration provision which provided for counsel fees to the prevailing party. After Slowinski Atkins, LLP obtained a favorable arbitration decision compelling the consultant to complete the work it moved for attorneys’ fees and was awarded $270,720.63, the highest counsel fee award on a Guaranteed Cleanup Cost Contract claim.