Built Pacific v. Denning Moores CA4/1

I.

BACKGROUND

A. DM’s Representation of BPI

BPI retained DM in June 2018 to take over its representation in an action BPI had filed against a school district for terminating a contract with BPI for the demolition, relocation, installation, and site work for various relocatable buildings. The retainer agreement required BPI to pay DM hourly fees for attorneys and paralegals, a percentage of any recovery from the school district exclusive of costs, and any fees and charges of expert witnesses, consultants, or investigators hired by DM. The agreement contained a provision requiring binding arbitration of “[a]ny controversy between the parties regarding the construction, application or performance of any services under the Agreement, and any claim arising out of or relating to this Agreement or its breach, including but not limited to claims of malpractice.” In March 2019, DM retained Xpera Consulting Services, Inc. (Xpera) to provide expert opinion on an issue at a mediation with the school district. BPI paid Xpera $19,159 but objected to later bills as “excessive” and did not pay them. BPI also objected to DM’s bills as “excessive and unconscionable.” BPI’s nonpayment of the…