We are pleased to announce a significant legal victory for our client, Kirlin Builders LLC, in a high-stakes construction dispute involving the renovation of the West Point Military Academy. In a recent 18-page opinion, U.S. District Judge Nelson S. Román of the Southern District of New York granted summary judgment in favor of Kirlin Builders, rejecting a $2.5 million claim brought by subcontractor Profex Inc. Click here to read the opinion.
The Case Background
The dispute originated from a 2015 principal contract with the U.S. Army Corps of Engineers to renovate the Johnson Veterinary Clinic at West Point. Kirlin signed a $6.2 million subcontract with Profex in 2019, which was later terminated for cause in 2021 due to Profex’s alleged failure to cure defaults, including inadequate staffing and abandonment of work. Profex subsequently sued for $2.5 million in unpaid labor and materials.
A Meaningful Outcome
The court held that Profex’s claims were barred because the company failed to strictly comply with the written notice requirements of the subcontract. The court also granted Kirlin’s subsequent Motion for Attorney Fees and Costs Recovery, thereby saving Kirlin nearly $1 million in litigation fees and costs. Founding partner Laurence Schor, who represented Kirlin Builders along with Douglas W. Callabresi and Constantine T. Tzifas, noted that this hard-fought litigation—pending for over three and a half years—fully validated our client’s defenses.
At Asmar, Schor & McKenna (ASM), we specialize in resolving high-stakes construction project and government contract disputes. This result underscores our commitment to enforcing contract integrity and protecting our clients’ interests.
