Concrete Supplier. We represented the supplier of prestressed
concrete for construction of a major New England sports stadium in a
lawsuit against the prime contractor and owner for several million
dollars in unpaid contract monies. After we filed suit to enforce a
mechanic’s lien and a claim under the project’s payment bond, we
pursued mediation with the prime contractor and the owner. After
multiple mediation sessions and presentations by concrete experts,
we obtained a settlement and release of retainage.
Wastewater Treatment Plant»
Performance Guarantee. We defended a constructor of a
wastewater treatment plant in a lawsuit by a town regarding alleged
inadequate performance of dewatering equipment, and with respect to
claims by and against the supplier of the equipment and the engineer
who specified the equipment. After one week of jury trial, we
obtained a directed verdict dismissing all claims against our
Delay Claim. We defended a Massachusetts state agency in an
arbitration by a construction contractor on a public apartment
complex seeking delay damages and payment for extra work. After
discovery and presentations by the agency’s expert, we obtained a
Failure of Piping. We represented a Massachusetts company in claims
against its Pennsylvania supplier of a packaged water treatment
plant that was installed at a U.S. Navy air base in Italy. We filed
a lawsuit in federal court in Boston asserting claims for defective
design and manufacture of piping and membrane systems and seeking
consequential damages including delay costs and liquidated damages
imposed on the client by the prime contractor. The supplier
simultaneously filed a lawsuit in federal court in Pittsburgh
seeking to compel arbitration in that venue. After extensive
negotiations and exchange of expert reports, we obtained a
Bridge Project. We represented a marine construction company in a
federal bid dispute regarding the rehabilitation of a vertical lift
railroad bridge over the Cape Cod Canal. After a trial before a
General Accounting Office hearing officer, we obtained a ruling that
the federal agency had improperly awarded the contract to another
bidder and a judgment for costs and attorney’s fees in favor of our
Contractor Qualifications, Minority Participation. We defended a
Massachusetts state agency in a construction bid dispute by a
disappointed bidder regarding bid scoring, bidder qualifications and
minority business enterprise issues. After an appeal hearing before
the agency’s executive director, we obtained a decision affirming
the rejection of the bid. We also represented the same agency in
another dispute concerning compliance with minority and women
business enterprise requirements, where the contractor was assessed
liquidated damages. After arguing an appeal filed by the contractor
with the agency general counsel, we obtained a settlement including
production of all required documents regarding minority and women
participation, agreement on a corrective action plan and payment of
the agency’s costs.
Arbitration. We represented a state agency in an eleven-day
arbitration resulting in a $600,000 award against an architectural
firm based on the firm’s errors and omissions in design and
construction administration of a public housing project. All of the
architect’s counterclaims were denied by the arbitrator.
Preliminary Injunction. We defended a Massachusetts state agency in
a lawsuit challenging the selection of a prime contractor for the
rehabilitation of a public housing development in Boston. We
obtained a denial of the disappointed bidder’s request for a
preliminary injunction, and then obtained dismissal of the case.
Extra Work Claim. We represented a prime contractor in a claim
against the state highway department for extra work performed under
a road building contract. After an evidentiary hearing before an
administrative hearing examiner, we obtained an award of all monies
Stop Work Order. We represented a prime contractor in various claims
against the state highway department for delay, disruption, extra
work, acceleration, cost increases, change orders and equitable
adjustments related to a stop work order on a major highway project.
After submissions and hearings before an administrative hearing
examiner, we helped to obtain a comprehensive settlement of all of
Claim By Subcontractor. We defended a prime contractor in a lawsuit
by a subcontractor seeking payment for extra work on a road building
project and for work our client believed was defective. After a
bench trial, we obtained a favorable verdict on all claims.
HVAC Work. We represented an HVAC subcontractor in a lawsuit against
its balancing subcontractor on a major shopping center project in
Boston. After a bench trial, we obtained a settlement for the full
amount claimed. We also handled other matters for the client on the
same project, including an arbitration against the client by its
sheet metal supplier, and delay claims and third party subpoenas in
a lawsuit between the prime contractor and the project owner.
Wastewater Tunnel. We represented a marine construction company in a
lawsuit for breach of an oral joint venture agreement for the
manufacture of concrete tunnel lining segments for a wastewater
tunnel in Boston Harbor. After discovery, we obtained a settlement.
Municipal Bid Dispute»
Water Treatment Plant Operation. We represented a disappointed
bidder in a bid dispute over the operation, management and
renovation of municipal water and wastewater treatment facilities.
We obtained a ruling by the state Inspector General that the bid was
conducted in violation of the applicable procurement statute.
Air Conditioning Maintenance. We represented an HVAC contractor in a
claim against the owner of a prominent apartment building in Boston
regarding the maintenance and operation of an air conditioning
system. We obtained a settlement after several days of testimony
before a master.
Water Damage. We defended a prime contractor on an apartment
building project from a claim by the owner alleging improper
installation of sheathing and waterproofing material. We obtained a
settlement of the claim after review and analysis of expert reports.
Construction Defects. We
represented condominium unit owners in a lawsuit for construction
defects against the condominium developer. After obtaining a real
estate attachment against the developer, the case settled on
favorable terms including repair of all defects.
represented a Massachusetts utility expense reduction company in
a federal lawsuit in Pennsylvania and related arbitration for
non-payment under two separate agreements for installation of
conservation measures at two hospitals. After limited
discovery and mediation, the case settled on favorable terms.
Independent Living Facilities»
Extra Work Claims. We defended a developer of two independent living
facilities against delay and extra work claims by the prime
contractor on both facilities. After negotiations, we obtained a
comprehensive settlement on both projects, including completion of
punch list items and release of mechanic’s liens. We also
represented the developer in multiple lawsuits by subcontractors on
Construction Defect. We defended a developer of a 100+ unit
condominium against claims of defective construction and breach of
warranty. After asserting contract, fraud, and RICO counterclaims
against the condominium trustees, and in the midst of discovery, we
obtained a settlement, including releases of all claims by the
individual unit owners and the trustees’ indemnification of the
developer against future claims.