TT&H Attorney Joshua Bovender Secures Six-Figure Settlement in Commercial Contract Dispute

TT&H Attorney Joshua Bovender, a partner in the firm’s Camp Hill office, recently secured a substantial six-figure settlement in a hotly contested commercial contract dispute.  Josh represented a prominent developer that leased commercial real estate to a national cell phone carrier.  The tenant later abandoned the property following the statewide COVID-19 shutdown announced by Governor Wolf.  The tenant argued that its obligations under the lease were excused as a result of the shutdown, and that the tenant simply no longer owed any rent, CAM charges or other amounts to Josh’s client.

Josh rejected the tenant’s putative defenses and filed suit on several contractual causes of action.  On diversity grounds, the action was removed from the Dauphin County Court of Common Pleas to the United States District Court for the Middle District of Pennsylvania.  After rejecting the tenant’s offer of judgment, Josh was able to secure a settlement well above the offered judgment amount.

“COVID has touched us all, and there is no doubt that we have all been forced to make sacrifices since the pandemic began,” Josh commented.  “But a party’s obligations under a valid and enforceable commercial lease cannot be excused by the temporary COVID-19 shutdown absent a clear intent by the parties to effectuate such a drastic result.  That was simply not the case here, and we believe this to be a just outcome for our client.”

Questions about this case can be directed to Josh Bovender at (717) 237-7153 or jbovender@tthlaw.com.