Dan Aquino’s Trial Victory
Full Requested Damages
and Prejudgment Interest
McDonald Carano congratulates Dan Aquino and his client on a trial victory in which the judge awarded the client’s full requested damages and substantial prejudgment interest. Dan first-chaired a trial arising from a construction project to upgrade a large water reservoir. His subcontractor client was hired to provide electrical testing of components, which could only begin after the components were procured and installed by the general contractor. The general contractor’s installation of components was delayed by five months, which caused the project deadline to expire and the project owner to assess liquidated damages against the general contractor. After the project was completed, the general contractor passed the liquidated damages through by withholding payment to the subcontractor, claiming that the subcontractor delayed its work.
Dan argued that the subcontractor’s work would have been completed with weeks to spare before the deadline, if not for the general contractor’s five-month delay. He completed his closing argument with an analogy that the general contractor held a ticking timer for months without taking action, threw the timer to the subcontractor as the alarm went off, and then blamed the subcontractor for allowing the time to expire. The judge agreed fully with these arguments, rejected the general contractor’s assessment of liquidated damages, and awarded the client its full requested damages, plus substantial prejudgment interest, attorney’s fees, and costs.
Daniel Aquino is an of counsel attorney in McDonald Carano’s Las Vegas office with a practice focusing on commercial and complex litigation.
About McDonald Carano
McDonald Carano has been shaping Nevada’s legal, business, and policy landscape since our founding in 1949. With more than 60 lawyers and government affairs professionals working from offices in Reno, Las Vegas, and Carson City, we are Nevada’s law firm for business. Our local, national and international clients include Fortune 500 corporations, fast-growth and mid-market companies, entrepreneurs and startups, non-profit organizations, government entities, and high-net-worth individuals. Our attorneys deliver cross-discipline, one-stop, business law and government affairs counsel. Please visit mcdonaldcarano.com
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