Gazzoli and Phelps Secure $235,000 Judgment for Heideman & Associates, Inc.

Heideman & Associates, Inc. (“Heideman”) filed suit against Loftworks, L.L.C. (“Loftworks”), a prominent downtown real estate developer, seeking indemnification for costs incurred by Heideman arising out of litigation instituted by Steve Scaglione and Scaglione Corporation (“Scaglione”).

The litigation involved the development of an underground parking garage for the Louderman Lofts building downtown.  Scaglione’s building was adjacent to the parking garage construction site.  Loftworks, the owner/developer of the parking garage project, hired Heideman to perform structural engineering services for the project.  Scaglione filed suit against Loftworks, Heideman, H.B.D. Contracting, Inc., the general contractor for the project, and several other subcontractors involved in the project.  Heideman made demand upon Loftworks for indemnification during the litigation, and when Loftworks rejected Heideman’s demand, Heideman entered into a settlement with Scaglione prior to trial.  Following a two-week jury trial, Scaglione was awarded $1.3 million in damages against H.B.D. Contracting, Inc.  The jury also entered a verdict in favor of Loftworks.

Thereafter, Heideman filed suit against Loftworks, seeking indemnification for the settlement payment made by Heideman to Scaglione and also Heideman’s attorneys’ fees and costs incurred in defending the Scaglione litigation, and, after a hearing, the Court entered judgment in favor of Heideman in the amount of $235,562.88.

Heideman was represented by John J. Gazzoli, Jr. and Theresa A. Phelps, both shareholders at Rosenblum Goldenhersh.