Lurie Friedman LLP



| Construction Litigation | Representative Cases


  • Sports Stadium»
    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 client.

  • Apartment Complex»
    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 settlement.

  • Water Treatment Plant»
    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 settlement.

  • Federal Bid Dispute»
    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 client.

  • Bid Disputes»
    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.

  • Architectural Malpractice»
    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.

  • Bid Dispute»
    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.

  • Highway»
    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 sought.

  • Highway»
    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 the claims.

  • Highway»
    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.

  • Shopping Center»
    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.

  • Joint Venture»
    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.

  • Apartment Building»
    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.

  • Apartment Building»
    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.

  • Condominium Development»
    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.

  • Utility Expense Reduction»
    We 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»
    Delay and 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 the projects.

  • Condominium Development»
    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.




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