Michael P. Subak, a partner and chair of the Construction Practice Group of Pepper Hamilton, was quoted in the April 6, 2018 Law360 article, "Columbia U. Seeks to Slip $16M Tower Construction Suit."
Michael Subak, an attorney for Sciame, said Columbia’s bid for dismissal was based on “cherry picked” documents. For example, he said, Columbia contends that a 2015 change order gave Sciame until April 2016 to complete the project, but the order related to costs, not scheduling. The schedule in place at the time put completion at June 2016, he said.
The lawyer said more than 200 change orders, authorizing millions of dollars in additional work, were struck after the one that Columbia has portrayed as pivotal. When it came time to square up, however, the university refused to make good on its obligations, he said.
“Not at one point in time was there ever a notion that they weren’t going to be paid. They were working shoulder to shoulder and cheek to jowl with Columbia University,” said Subak, the head of Pepper Hamilton LLP’s construction group.