Arbitration Success: David Kash

David W. Kash reported the successful outcome on behalf of his client, Beck
Internacional de Mexico SA de CV, aka Beck International, an international construction
company against Pelican Partners International SRL de CV, the owner/developer who refused to
pay Beck International’s final application for payment and for extra work in the construction of a
five-star resort in Puerto Peñasco, Mexico. Beck International was hired to take over for the
owner, who was unable to complete construction of this in excess of $60 million project, with its
own forces. Beck International’s contract work exceeded $30 million. While the international
construction company sought its final payment of approximately $1.2 million, the developer and
its experts claimed approximately $11.5 million worth of construction defects as a means to
thwart the contractor’s claims for payment.

The case was filled with expert testimony. The arbitration, which would have taken
about a month to try before a civil jury, was crammed into one week of arbitration.

The respondent developer did get some setoffs most of which were conceded by Beck
International. Beck International, however, was awarded close to the entirety of its claim.
Pending are Beck International’s motions for the recovery of several hundred thousand dollars in
attorneys’ fees and interest on unpaid amounts under the construction contract.