Description: Warden Grier successfully represented BOR-SON, a major Minnesota-based construction company against Ivy Tower, LLC, in an arbitration proceeding surrounding BOR-SON's wrongful termination on the Ivy Hotel & Residences project in Minneapolis. The client was awarded $7.1 million.

Details: BOR-SON and Ivy Tower had agreed to binding arbitration after a disagreement arose regarding delays and cost overruns. The dispute culminated when Ivy Tower failed to make the payments to BOR-SON and its subcontractors to which they were entitled, and then wrongfully terminated BOR-SON's contract. BOR-SON selected Warden Grier based on recommendations of a Minnesota-based law firm and on the WG's extensive expertise in litigation and success in construction cases. Senior partner Mike Grier led the effort, alongside partners Kyle Bogdan and Chris Snow.

A three-person arbitration panel found completely in favor of general contractor BOR-SON Construction in an American Arbitration Association arbitration proceeding between BOR-SON and Ivy Tower Minneapolis, LLC. The arbitrators held that in July of 2008, BOR-SON was wrongfully terminated from the $88,000,000 hotel and condominium project, and granted BOR-SON and its subcontractors $7.1 million in unpaid costs and related fees.

Description: Warden Grier secured a favorable ICC judgment for the client when the Lithuanian company for whom the client was working cited a cap to work completed under a limited notice to proceed, and stopped payment. Warden Grier successfully argued for the notice to include actual work completed and recouped $1 million in unpaid work for the client.

Details: In 2007, Warden Grier's client contracted with a Lithuanian natural gas processing company to perform engineering and design work which would reduce the plant's sulfur emissions and bring the plant into compliance with European Union environmental regulations. A contractual dispute arose between the two parties relating to the amount of work to be performed under a limited notice to proceed.

The gas processing company maintained the scope was limited to $100,000 - far less than the actual work completed and invoiced. Subsequently, the project was terminated without any further payments. Based on the contract and international law, the matter went to arbitration. Warden Grier partner Owen Newman represented the firm's client in the arbitration hearing under International Chamber of Commerce (ICC) rules. He successfully argued that the limited notice to proceed should be extended to all work invoiced by the client, and subsequently recovered a $1 million claim for the client - 90% of all outstanding invoiced amounts - plus arbitration costs and attorney fees.

Description: Warden Grier successfully obtained both a defense jury verdict and arbitration award for Overland Park-based Multi Service Corporation against the allegations of a start-up software development company, thus avoiding both monetary damages and the possibility of a forced operational change detrimental to Multi Service Corporation's business.

Details: Multi Service Corporation specializes in providing credit card services to the transportation industry. The company expanded into the aviation industry in 1980 with the Multi Service Aviation Card, which became the most widely used corporate aviation card in the world. This business was sold to US Bank in 2005. Prior to the sale of the aviation business, MSC entered into an agreement with start-up software developer, PerfectStop, to help fund development of an ordering and fulfillment application, and integrate the application into Multi Service Aviation Card transactions.

Problems within the PerfectStop software prohibited the application from realizing the potential represented to Multi Service or even being launched in the market. Beginning in 2006, PerfectStop sued Multi Service, accusing the company of attempting to monopolize payment processing in the general aviation industry. Later, another related company, Pier to Pier, sued Multi Service making similar allegations and claiming similar damages. The plaintiffs sought not only substantial monetary awards, but also rulings to force the client to make prohibitive business and system changes. The PerfectStop case ultimately ended up in AAA arbitration in Houston for several months in 2008, and the Pier to Pier case went to a two month jury trial in Jackson County, Missouri, Circuit Court in 2009. Warden Grier, led by senior partner Jim Warden, supported by partner Don Martin, won a complete jury verdict and arbitration award in MSC's favor, avoiding both the monetary damages and the possibility of a forced operational change detrimental to MSC's business.