All CategoriesGeoff McConnellArnie WagnerJeff SykesRick StaceyChad NicholsonBusiness LawCommercial LitigationConstruction LawEmployment LawPersonal Injury LawReal Estate Law Valiant Idaho, LLC v. Pend Oreille Bonner Development, LLC. Rick Stacey, Jeff Sykes and Chad Nicholson diligently represented the construction lender for The Idaho Club development in Sandpoint, Idaho. Our team's knowledge of the contractor registration act and mechanic’s liens laws helped the client establish the priority of its mortgages on summary judgment against competing mechanics’ lien holders with liens alleged to total more than $30 million. Our client was ultimately awarded damages in the amount of $21,070,526.88 after a lengthy and contentious battle culminating in an intense court trial against the subordinate mortgage holders. Read More > Court trial over prestigious resort development leads to $21 million judgment. Food product co-packer vs. Fortune 100 food product manufacturer. In a high-risk business situation where speed-to-market would mean a multi-million dollar opportunity for the right product innovator, Geoff McConnell and Chad Nicholson represented a small specialty co-packer in this multi-year requirement / output contract dispute. The MWSS+ team obtained a significant judgment on behalf of the co-packer after a lengthy trial in federal court. Read More > Case in emerging food category leads to $1.2 million judgment for innovator. Large General Contractor Joint Venture v. State of Idaho and multiple other parties. Arnie Wagner, Geoff McConnell and Rick Stacey represented the Joint Venture construction company in a large, complex lawsuit involving one of the largest highway projects in Idaho. The lawsuit included total claims in excess of $50 million. After opening statements in what was scheduled for a 4 ½ month long trial, a favorable settlement was negotiated for our client. Read More > State highway project case results in multi-million dollar settlement for Idaho contractor. Huber v. Lightforce USA, Incorporated. Jeff Sykes, Chad Nicholson and the MWSS+ team successfully prosecuted claims on behalf of a former employee of an Orofino, Idaho company that manufactures rifle scopes for its failure to distribute severance payments due under the terms of his employment agreement. After a lengthy trial and appeal to the Idaho Supreme Court, our client was awarded $540,000.00 plus prejudgment interest and attorneys’ fees and costs. Read More > MWSS+ successfully applies Idaho wage and ERISA law to successfully obtain $500,000 Idaho Supreme Court judgment. Tianwei New Energy Holdings, Co., Ltd. v. International Law Firm. MWSS+ was retained by a New York City-based international law firm to provide an expert opinion and testimony concerning legal issues arising out of the EPC and EPCM contracts for the failed Hoku, Inc. poly-silicon manufacturing plant located in Pocatello, Idaho. The expert opinions that Rick Stacey, Geoff McConnell and Arnie Wagner collaborated to draft, along with the expert testimony Rick presented in the Beijing Municipal Higher People's Court in Beijing, China were key aspects of case. Read More > Internationally recognized expertise takes MWSS+ to China for expert testimony. Idaho school district vs. Energy savings contractor / equipment manufacturer. Geoff McConnell drew upon significant knowledge in public contracting law to protect an Idaho school district throughout adversarial proceedings against national equipment manufacturer / energy savings contractor. After termination, the national contractor sought to retain design work product, but MWSS+ successfully resolved the dispute and obtained all design work product (including all electronic layers) on behalf of school district. Read More > Swift action protects Idaho schools against speculative outside supplier. Utility Contractor v. National Bank. In a unique lawsuit involving multiple large liens and several issues of first impression, Arnie Wagner was the lead attorney through a lengthy trial. His client was awarded a large judgment and also prevailed on being awarded attorney fees. Read More > Idaho utility contractor wins in case against large national bank. Independent Contractor v. Software Company. Jeff Sykes successfully recovered a six figure settlement for a Las Vegas, Nevada-based independent contractor in this breach of agreement case against a national software company. Read More > Large settlement protects high tech industry contractor from large software company. Chad Nicholson helped his client obtain a jury verdict of nearly $1.5 million against a multinational package delivery corporation for an individual whose employment was terminated for engaging in whistleblower activity by reporting violations of federal transportation regulations. Read More > Jury awards whistleblower over $1 million. Engineering Procurement and Construction (EPC) Agreements. Rick Stacey represented an international chemical processor in the drafting and negotiation of cost plus EPC agreements for the construction and modernization of its chemical processing facilities totaling $400+ million. His work included extensive negotiations on behalf of our clients with counsel for an international engineering/construction firm based in Europe. This engagement also required Rick to adeptly draft complex performance based specifications and performance guarantees for the protection of our client’s interests. Read More > MWSS+ drafts cost-plus EPC agreements for $400+ million project on behalf of international chemical processing company. Turn-Key Inc. v. Meridian Joint School District et. al. Geoff McConnell, Rick Stacey and Arnie Wagner represented Meridian School District and its construction manager in a dispute with the district’s trade contractor and its surety. After the trade contractor was terminated for faulty work and both suit and countersuit ensued, the MWSS+ team proved material deficiencies and defects that led to a multi-million judgment in favor of the District that included an award of the district’s attorneys’ fees and legal expenses. Read More > MWSS+ protects school district serving fastest-growing Idaho city in materials defect case worth $3.5 million. General Contractor v. Regional Engineering Firm. Arnie Wagner and Rick Stacey represented a general contractor against the designer of a large highway project. The lawsuit against the designer involved the difficult claim of “intentional interference with contract.” After several rounds of complex motion practice, a favorable high six-figure settlement was recovered for our client. Read More > Dispute between Idaho contractor and designer yields settlement for MWSS+ client. Primary Health, Inc. v. Medical Cost Solutions LLC. This case involved the development of a proprietary, cost-saving business process related to the purchase of prescription drugs created for Primary Health by Medical Cost Solutions. Jeff Sykes and the MWSS+ team obtained a verdict of over $400,000, plus an award of attorneys’ fees and costs, as a result of Primary Health breaching its contract. Read More > MWSS+ wins judgment against Primary Health in breach-of-contract case. Chad Nicholson helped obtain well over a quarter million dollars for a young woman who was injured as the result of an accident caused by cargo falling off a semi-truck and onto Idaho’s Interstate 90. The case involved extensive accident reconstruction and federal Department of Transportation regulations. Despite these complex legal issues, a substantial recovery was obtained for this young lady as compensation for extensive injuries including a serious spinal fracture. Read More > Big loads on Idaho roads injure woman; woman receives over $350,000 in judgment. Engineering, Procurement and Construction Management (EPCM) Agreement. Drawing on years of experience negotiating and drafting construction agreements and project documentation, Rick Stacey crafted a cost plus EPCM Agreement for the construction of a $250+ million food processing facility. As there are no comprehensive forms for EPCM agreements, much of this agreement had to be drafted from scratch. His work also included lengthy negotiations on behalf of our client with a national engineering and construction firm. Read More > Knowledge and skill allows MWSS+ to draft contract for $270+ million project on behalf of international food processor. Property developer v. grading and utilities contractor. Geoff McConnell represented an Idaho property developer in connection with a claim for additional compensation by grading and utilities contractor. The dispute involved specific details of materials suitability as well as poor recordkeeping. Geoff’s rigorous attention to detail and aggressive approach assisted the property owner in developing an after-the-fact analysis which provided the basis to resolve the dispute through mediation. Read More > Idaho utilities case results in successful mediation for property developer. General Contractor v. Shopping mall owner. Arnie Wagner represented a general contractor on a breach of contract action against the owner of a large shopping mall. After a lengthy arbitration, his client was awarded the full amount it was seeking, in addition to attorney fees. Read More > General Contractor wins in contract action against retail development owner. Building Owner v. Major U.S. Insurance Company Jeff Sykes obtained a six-figure settlement of claims brought by a building owner against a major U.S. insurance company for breach of a lease agreement and failure to repair damage to a commercial building. Although the case was aggressively defended by the insurance company, Jeff obtained a Court ruling that the insurance company had wrongfully destroyed and spoliated evidence, which resulted in a prompt settlement. Read More > Aggressive discovery process results in settlement for downtown Boise building owner. Chad Nicholson represented an Idaho woman in her personal injury claim against the U.S. Government for various injuries she suffered in an automobile accident. The case was pursued under the Federal Tort Claims Act and required the use of highly specialized experts to help substantiate the woman’s extensive vision and cognitive injuries. Chad’s expertise in personal injury law helped his client obtain a judgment of nearly $400,000. Read More > Personal injury case involving auto accident secures nearly $400,000 for Idaho woman. Project Management Group, Inc. v. Teton Air Ranch, LLC et. al. Rick Stacey represented the construction lender for the Teton Air Ranch development in Driggs, Idaho. His broad understanding of mortgage and mechanic’s lien laws allowed our client to first prevail on summary judgment against competing mechanic’s lien claimants with claims totaling nearly $4 million before obtaining judgment for our client in the amount of roughly $15 million. Read More > MWSS+ obtains summary judgment resulting in $15 million for construction lender. The City of McCall v. St. Clair Contractors et. al. Geoff McConnell represented an established Idaho utility construction contractor in dispute with a local municipality involving project delays, additional costs and the wrongful termination of the utility construction contractor. After a lengthy jury trial, judgment was entered in favor of the contractor for all amounts sought (in excess of $5 million dollars), including business devastation damages. Under appeal, the award was later upheld by the 9th Circuit Court. Read More > Lengthy jury trial secures $5 million dollar award upheld by 9th Circuit Court. Federal Miller Act Claim. Arnie Wagner represented a large trade contractor on a disputed Federal Miller Act claim. After contentious discovery, he prevailed for his client on a million dollar summary judgment prior to trial. Read More > MWSS+ protects trade contractor from federal law claim in million-dollar case. J.R. Simplot Co. v. Trina Solar (U.S.), Inc. et. al. Rick Stacey represented the property owner against a mechanic’s lien claim recorded by one of the world’s largest solar panel manufacturers. His knowledge of construction mechanic’s liens laws resulted in the release of a lien claim totaling more than $30 million without any payment by our client. Read More > MWSS+ obtains $30 million win for property owner in alternative solar energy case. Meikle v. Watson. Jeff Sykes successfully defended a property owner against a claim that he was required to sell certain property to a speculative land developer who had convinced elderly individuals to sell their property for less than fair market value. After a trial and appeal to the Idaho Supreme Court, our client obtained a judgment affirming the legal principle that a speculative land buyer may not specifically enforce a real estate contract and awarding him attorneys’ fees. Read More > Idaho Supreme Court judgment protects Idaho property owner from land speculator. General contractor vs. California hotel developer. Geoff McConnell and Jeff Sykes represented an Idaho general contractor in a California state court dispute regarding delays, delay damages and counterclaims for defective work by a West Coast hotel developer. After a lengthy jury trial, judgment was entered in favor of general contractor for all amounts sought, including direct and indirect delay damages. Read More > MWSS+ secures win for Idaho contractor against hotel developer. General Contractor v. Idaho Department of Public Works. Arnie Wagner represented a general contractor in a contested matter involving two projects at Boise State University. The Department of Public Works alleged significant delay damages against his client. At mediation, Arnie successfully settled the matter for 95% of his client’s claim. Read More > MWSS+ settles claim for contractor in case against Idaho state agency. Chad Nicholson established that a reckless semi-truck driver caused an elderly woman to sustain permanent vision impairment. Having exposed the national trucking company to punitive damages, Chad recovered nearly $200,000 for his client without proceeding to trial. Read More > Urban transportation accident on busy Idaho road results in nearly $200,000 settlement. Yarbrough v. Idaho Waste Systems, Inc., et. al. Rick Stacey and Chad Nicholson helped a private lender foreclose its mortgage and defend against claims of predatory lending practices. Our team's knowledge of mortgage and lending laws helped our client recover a judgment against a waste management company and personal guarantors totaling approximately $6.7 million. Read More > Foreclosure for Idaho lender nets over $6 million judgment. Highway contractor vs. Federal government. Geoff McConnell represented an Idaho highway contractor in dispute with federal government officials regarding additional costs due to the government’s interference with contractor’s material sources for a project in a National Park located within the region. The dispute involved the application of the sovereign acts doctrine and resulted in a lengthy bench trial, after which decision for all damages was entered in favor of the contractor. Read More > Sovereign Acts Doctrine factors into case between Idaho contractor and Federal Government. National Grocery Retailer v. Landlord. The landlord of a shopping mall alleged violations of a non-compete provision in a lease. Arnie Wagner, on behalf of his National Grocery Retailer client, prevailed on summary judgment and was awarded attorney fees. Read More > National retail grocery client wins in real estate dispute thanks to MWSS+’s expertise. Cornerstone Builders, Inc. v. McReynolds. Jeff Sykes successfully represented a landowner whose property was the subject of a construction lien against it by Cornerstone Builders, Inc. After trial and an appeal to the Idaho Court of Appeals, our client obtained a judgment helping to establish certain requirements that a contractor must meet to be legally entitled to record and enforce a contractor’s lien. Read More > MWSS+ upholds enforcement of the law’s requirements in defense judgment. Energy savings contract for Idaho educational infrastructure development. Geoff McConnell helped make last-minute changes to a guaranteed energy savings contract on behalf of an Idaho school district ready to contract with an out-of-state contractor. The contract changes served as a key protective risk management tool for the Idaho school district. Read More > MWSS+ protects Idaho’s educational system from outside interests. Fagen, Inc. v. J.R. Simplot Self Declaration of Revocable Trust, et. al. Rick Stacey represented the property owner in a mechanic’s lien foreclosure action brought by a national wind power general contractor. His comprehensive understanding of Idaho’s construction and mechanic’s lien laws resulted in a dismissal of this case with prejudice without any payment to the lien claimant. Read More > MWSS+ helps property owner prevail against $1.4 million lien claim in alternative wind energy case. County government vs. design - builder. In this claim for malpractice against a design-builder, Geoff McConnell successfully resolved a dispute on behalf of a small Idaho county government attempting to build an essential new facility. Through an aggressive approach and a rigorous application of state code, the county obtained a settlement for policy limits and eliminated a counterclaim for additional compensation in the process. Read More > Idaho municipality protected against out-of-state design-builder. General Contractor v. Condominium Project Owner. Arnie Wagner represented a general contractor on two related construction liens against the owner of the projects. After lengthy and contentious discovery and motion practice, Arnie negotiated a “home run” multi-million dollar settlement. Read More > Contractor wins multi-million dollar settlement under MWSS+ representation. Fixed Price Design Build Contract. Getting the language of a design-build construction agreement right is always important, especially when working with valuable natural resources. Because of extensive knowledge in this area, Rick Stacey has delivered a number of large-scale, complex design build contracts including one for the construction of a vital $35+ million wastewater treatment facility. Read More > MWSS+ has the right experience to draft the right contracts for Idaho infrastructure projects. Design-build, design-bid-build contract development. On behalf of a national big box retailer, Geoff McConnell developed contract forms and general conditions for architectural, engineering, design-build, and design-bid-build construction contracts. These annual and stand-alone agreements, with accompanying general conditions and project-specific task orders, helped define operational practices for this category leader. Read More > MWSS+ construction contract expertise protects national grocery retailer. Negotiation of EPC contract for Hydropower Project. Arnie Wagner advised and assisted his client in negotiating with subcontractors, international suppliers and sureties in an attempt to build a large Hydropower Project. Read More > Energy sector contract work for hydropower interest protects business interests. Licensing and Contract Counsel for Global, Top 10 Construction Design Firm. Arnie Wagner reviewed, revised and drafted contracts for one of the leading, international design firms. Through this process, Arnie also advised and evaluated the firm’s strategic practices with regard to licensing throughout the United States. Read More > Diligence in contract review contributes to success of global construction design firm. Request for Proposal (RFP) and Contract forms. Drawing on substantial experience in government contract law and legal construction documentation, Geoff McConnell led the MWSS+ effort to develop RFP and contract forms, including general conditions for both design and construction contracts. Because this large school district is in one of the fastest growing regions of Idaho, these documents have been vital to meeting the needs of the area’s educational infrastructure. Read More > Knowledge and skill allows MWSS+ to deliver contract for rapidly growing Idaho school district. Modified real estate contract formation. When an established developer of custom single-family homes sought out MWSS+ to develop lot option modifications to a standard form real estate purchase and sale agreement, Geoff McConnell developed a user-friendly solution. The resulting documentation was complementary to Idaho contracting practices and provided substantially improved flexibility and protection for both the builder and his future buyers. Read More > Developer protects interests with refined contracting practice led by MWSS+. Subcontract agreement inclusive of general conditions. Geoff McConnell drafted a comprehensive subcontract agreement and general conditions for our client to utilize in Idaho and other western states. The agreement ensures all subcontractors are governed uniformly for across-the-board utilization by project managers. Read More > Top Idaho commercial construction outfit secures business with subcontract agreement drafted by MWSS+.