Integrated Electrical Services Announces Favorable Verdict in Lawsuit
25 Abril 2005 - 6:00AM
PR Newswire (US)
Integrated Electrical Services Announces Favorable Verdict in
Lawsuit HOUSTON, April 25 /PRNewswire-FirstCall/ -- Integrated
Electrical Services, Inc. (NYSE:IES) today announced the successful
verdict handed down on April 22, 2005 in a case heard in the United
States District Court, Northern District of California, San
Francisco Division. The matter concerned a claim by a business unit
of IES' that it had not been paid for work performed and the
actions of Watkins Engineers & Constructors, Inc. ("Watkins")
interfered with and disrupted their work on a cement plant in
Victorville, California. The jury verdict was that Watkins breached
its subcontract with the IES business unit and found damages in the
amount of $4,877,097 on that breach. Watkins had brought a
counterclaim of breach of contract, and the jury found that the
involved business unit had not breached its subcontract to Watkins.
On the Special Interrogatory, the jury found that Watkins did not
have a good faith dispute over the amount due and owing to allow it
to withhold progress payments on the project. This last finding
will allow recovery of interest and attorney's fees. The expected
judgment is $4,877,097 in damages plus interest and attorney's fees
and could result in a total award of approximately $7.0 million.
Though Watkins no longer exists as an operating entity, its surety
bonding company and co-defendant Fireman's Fund Insurance Company
is liable on the judgment. Roddy Allen, IES CEO commented, "I am
very pleased to announce a favorable verdict in this case which
will require this contractor to honor the terms of our contract. We
feel justifiably happy that the counter claims were dismissed and
that the costs incurred to defend ourselves from these charges
should be recovered with the final judgment." Integrated Electrical
Services, Inc. is a consolidated national provider of electrical
solutions to the commercial and industrial, residential and service
markets. The company provides electrical system design and
installation, contract maintenance and service to large and small
customers, including general contractors, developers and
corporations of all sizes. This Press Release includes certain
statements that may be deemed to be "forward-looking statements"
within the meaning of the Private Securities Litigation Reform Act
of 1995. These statements are based on the Company's expectations
and involve risks and uncertainties that could cause the Company's
actual results to differ materially from those set forth in the
statements. Such risks and uncertainties include, but are not
limited to, the inherent uncertainties relating to estimating
future operating results or our ability to generate sales, income,
or cash flow, potential difficulty in addressing material
weaknesses in the Company's internal controls that have been
identified to the Company by its independent auditors, potential
limitations on our ability to access the credit line under our
credit facility, litigation risks and uncertainties, fluctuations
in operating results because of downturns in levels of
construction, incorrect estimates used in entering into and
executing contracts, difficulty in managing the operation of
existing entities, the high level of competition in the
construction industry, changes in interest rates, the general level
of the economy, increases in the level of competition from other
major electrical contractors, increases in costs of labor, steel,
copper and gasoline, limitations on the availability and the
increased costs of surety bonds required for certain projects,
inability to reach agreement with a surety company or a co-surety
to provide sufficient bonding capacity, risk associated with
failure to provide surety bonds on jobs where we have commenced
work or are otherwise contractually obligated to provide surety
bonds, loss of key personnel, changes in senior management,
inability to reach agreement for planned sales of assets, business
disruption and transaction costs attributable to the sale of
business units, costs associated with the closing of business
units, unexpected liabilities associated with warranties or other
liabilities attributable to the retention of the legal structure of
business units where we have sold substantially all of the assets
of the business unit, inability to fulfill the terms of the
required payments under the credit facility, inability to reach
agreement on a new credit facility, disruption of business or costs
resulting from an SEC investigation, difficulty in integrating new
types of work into existing subsidiaries, errors in estimating
revenues and percentage of completion on contracts, and weather and
seasonality. The foregoing and other factors are discussed and
should be reviewed in the Company's filings with the Securities and
Exchange Commission, including the Company's Annual Report on Form
10-K for the year ended September 30, 2004. Contacts: H. Roddy
Allen, CEO Integrated Electrical Services, Inc. 713-860-1500 Ken
Dennard / Karen Roan / DRG&E / 713-529-6600 DATASOURCE:
Integrated Electrical Services, Inc. CONTACT: H. Roddy Allen, CEO
of Integrated Electrical Services, Inc., +1-713-860-1500; or Ken
Dennard, , or Karen Roan, both of DRG&E, +1-713-529-6600
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