Construction Litigation & Dispute Resolution

• Represented an independent authority in an investigation of contractor compliance with the federally mandated disadvantaged business enterprise program.
• Represented a municipal water and sewer authority in court, arbitration, and mediation against a design-builder of a combined sewer separation project. Authority terminated the design builder for performance and design failures. 
• Represented the lead engineering procurement and construction contractor in a multi-million dollar, 34-day, three-party arbitration arising out of the failure of the wastewater treatment plant at a pulp and paper de-inking facility.
• Represented the developer of mixed-use condominium project in court against a terminated general contractor asserting a claim of wrongful termination.
• Represented the general contractor on major hospital renovation project against bankrupt millwork subcontractor’s performance bond surety in a 9 day arbitration for delay and impact damages.
• Represented the managing member of limited liability company in an arbitration brought by minority member asserting claims of breach of fiduciary duty and failure to comply with Delaware LLC Act in connection with the development of a mixed-use condominium project.
• Represented a design-builder in mediation against a design consultant on several major highway and bridge design-build projects for design failures including inadequate estimating.
• Represented a major university in court and mediation on construction and design claims against a builder and architect on a $250 million science, classroom, and research facility.
• Represented an excavation and garage contractor against a construction manager in a 16 day arbitration for wrongful termination.
• Represented a large contractor in a multi-million dollar differing site condition claim against an owner on the 9 ½ mile Outfall Tunnel Project for the Massachusetts Water Resources Authority.
• Represented a large dredging company in a multimillion-dollar action against the US Army Corps of Engineers including a trial in Court of Claims. Case arose out of survey practices employed by the Corps on the dredging of a major shipping channel in New York-New Jersey Harbor.

Construction Law & Counseling

• Negotiated a settlement for two national construction companies to avoid False Claims Act suit over a $100M+ public project involving alleged failure to comply with minority and women-owned business enterprise requirements; prepared witnesses for government depositions, saved significant legal costs by narrowing subpoena scope, and secured favorable agreement allowing continued work on public construction projects.
• Represent a variety of owners and contractors on drafting and negotiating multiple contract forms (AIA, custom forms). 
• Revised owner, contractor, and subcontractor contract payment provisions to comply with new Massachusetts Prompt Pay and Retainage Law. 
• Represented an independent authority in an investigation of contractor compliance with the federally mandated disadvantaged business enterprise program. 
• Represent of a variety of owners and contractors on contract performance issues, change orders, and schedule issues.
• Served as outside counsel for the Massachusetts Port Authority in connection with the $1.2 billion modernization program at Boston’s Logan Airport. This engagement included detailed contract review, bid protest advice and hearings, and construction claims review and litigation.

Gaming

• Representation of gaming company Wynn MA LLC in multiple hearings before Massachusetts Gaming Commission during successful licensing process.
• Representation of Wynn MA LLC in surrounding community arbitrations against Somerville and Chelsea.
• Representation of Wynn MA LLC in court challenge to Massachusetts Environmental Protection Act (“MEPA”) Certificate brought by neighboring community Somerville.
• Representation of Wynn MA LLC in Massachusetts Department of Environmental Protection adjudicatory proceeding brought by Somerville challenging Wynn MA LLC’s Chapter 91 License.