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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48540

Judge Keenan

AN ACTION arose from a dispute over costs and fees related to cleanup and remediation of Florida’s Sapp Battery Site, which was utilized to break apart batteries and dispose of the battery casings and acids, and which became contaminated. The Sapp Group, later formed to remediate the site, had hired plaintiff corporation, which was contractually responsible for the excavation of approximately 78,000 cubic yards of contaminated soil. The parties subsequently had a fee dispute based on defendant’s contention that plaintiff’s work was defective. An arbitration panel awarded plaintiff money due under the contract, plus retainage withheld under the contract, and also awarded defendant a certain amount for failures and deficiencies it attributed to plaintiff. The instant court confirmed the award, noting that the panel’s decisions are rooted firmly in its interpretation of the contract and the evidence related to the contract.

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