Facts

Plaintiff Navigator Sales & Marketing LLC and Sharpworx International Inc. entered into a written agreement in July 2006. Pursuant to the agreement, plaintiff was to operate as Sharpworx's in-house marketing department and strategic marketing agency.

PLAINTIFF'S CONTENTIONS:
The plaintiff sought to arbitrate its claim against Sharpworx for breach of contract. Plaintiff claimed that in 2006 it performed a variety of marketing services on behalf of Sharpworx and performed services to market Sharpworx to other clients, but Sharpworx did not pay plaintiff for these services.

DEFENDANT'S CONTENTIONS:
The defense argued that plaintiff was not hired to perform work on behalf of Sharpworx. The defense contended that the Sharpworx clients to whom services were provided were responsible for payment directly to plaintiff. Sharpworx also cross-claimed against Navigator claiming interference with business opportunities and slander.

Damages

The plaintiff sought recovery of $122,618.27 in damages, based on an hourly rate for value of marketing services performed under the agreement.

Result

The arbitrator found that there was a valid agreement between the parties, and that Sharpworx breached the agreement by failing to pay for services. Plaintiff was awarded a total of $187,352.15 in damages. The arbitrator also found that Sharpworx presented no evidence to meet its burden on the cross-claims.