On May 22, 2025, the New York Supreme Court delivered a summary judgment decision in favor of Bovis Lend Lease, allowing its counterclaims to proceed in a lengthy contract dispute. This litigation has been ongoing for over a decade.
The dispute originated when The John Galt Corporation subcontracted with Bovis in 2006 for abatement and deconstruction work at the former Deutsche Bank Building at 130 Liberty Street. This building had been severely damaged by the September 11, 2001 terrorist attacks. During this project, Galt caused a fire that resulted in the deaths of two firefighters and injuries to many others. Following this incident, Galt was convicted of criminal negligence. Subsequently, Bovis terminated Galt’s contract due to default and incurred significant costs to address the damage and complete the project. In response, Galt filed a lawsuit seeking payment for pre-default work and lost profits from the termination. Bovis counterclaimed for damages.
Galt later sought summary judgment demanding nearly $30 million plus interest while seeking dismissal of Bovis’s counterclaims for damages exceeding $60 million plus interest. However, given that subcontracts required these amounts be offset, it was determined that Bovis was actually entitled to payment from Galt. The court ruled in favor of Bovis’s position, limiting Galt’s setoff to approximately $18 million and allowing Bovis’s counterclaims to move forward.
Greg Silbert, Co-Head of Appeals and Strategic Counseling and Complex Commercial Litigation at Weil, successfully argued on behalf of Bovis. He was supported by Robert Niles-Weed, Co-Head of Appeals and Strategic Counseling, along with associates Natalie Howard and Steve Mirsen.
