Rai Fink Ebner trial attorney Darren Ebner defended a waterproofing contractor named as a target defendant in a 72-day binding arbitration. The plaintiff — owner of a 250-unit apartment building in Irvine, California — sought more than $40 million in damages for construction defects, including significant waterproofing failures alleged against the firm’s client.

Although the arbitrator awarded the plaintiff in excess of $30 million after it prevailed on nearly all of its claims, the firm’s waterproofing client was found not liable for any of the damages awarded to the plaintiff, and not liable to the general contractor for its contractual indemnity and attorneys’ fees claims.