We understand the unique challenges and opportunities facing the construction and real estate industries. Our team of efficient, solutions-oriented counsel will focus on the legal details so you can focus on what matters to you — your project.

Our clients include project owners, investors, developers, financiers, contractors, project managers, engineers, commercial tenants, and materials suppliers. We have worked every angle in the industry and our footprints are all over a wide range of projects.

Areas of Focus

  • Biotechnology, clinical, and medical research facilities
  • Classroom, dormitory, and education infrastructure projects
  • Major high-rise developments
  • Mixed-use retail and residential
  • Public authorities and public / private partnerships
  • Real estate funds
  • Retail development
  • Transportation projects, such as roads, bridges, and airports
  • Urban redevelopment

Contract, Drafting & Negotiation
Our attorneys have a great deal of experience working with the construction and real estate industries. Our construction attorneys are familiar with standard construction and design contract documentation, including AIA, ConsensusDocs, and other industry forms.

We’ll prepare customized agreements when the situation calls for something out of the ordinary, and we’ll negotiate on your behalf on everything from routine supplier agreements to complicated public bidding and procurement issues.

Corporate, Financing & Transactions
Your project requires legal counsel that understands the unique structure, funding, or transactions that will make it successful. Private or public, debt or equity, acquisition or divestiture, investor, developer, or institution — we can help lead you through the process so that you and your project are funded and protected. And we are well-versed in the purchase and sale of construction companies.

Our Public Finance Practice has a national reputation for working with state and federal agencies and institutional underwriters on major transportation, health care, educational, and other infrastructure projects through bond issuances.

Immigration & EB-5 Visas
For more information on our immigration work, including EB-5 real estate investments, visit our Immigration Practice page.

Labor & Employment
Our employment counsel handles issues such as employment policies, documentation, immigration, compensation, and benefits. We have experience in complicated labor issues within the construction industry — from project labor agreements to job actions. We have addressed trade union issues, OSHA, and the NLRB on numerous occasions in order to help our construction industry clients get the job done.

Leasing & Acquisitions
Our real estate group has experience with all aspects of commercial real estate leasing and can help with a wide range of all lease negotiations and construction issues arising out of those transactions.

Litigation, Arbitration & Mediation
We know that sometimes litigation is unavoidable, and our litigators are uniquely skilled in the strategies and techniques used in the construction and real estate industries. We’ve handled everything from bid protests and change order disputes to performance bond claims, contract terminations, construction defects, and delay claims. We’ve fought for our clients in state and federal courts, in front of administrative and regulatory agencies, and other venues where real estate and construction matters are resolved.

We also know that arbitration and mediation as well as other forms of ADR can be a more cost-effective and private process to resolve construction disputes. Our construction attorneys have arbitrated and mediated hundreds of matters before arbitrators and mediators throughout the country.

Minority, Women & Disadvantaged Business Enterprises
Our construction attorneys have assisted numerous companies in achieving certification as an MBE, WBE, and/or DBE. Similarly, we have represented companies whose minority or disadvantaged status comes under challenge from competitors or regulatory authorities. And we have worked with our public owner clients on compliance programs to ensure their set-aside programs are achieving the desired goals and fulfilling the regulatory requirements.

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Benjamin R. Sigel

Benjamin R. Sigel

Director of Client and Community Relations – Special Counsel

Nancy J. Sterling, APR

Nancy J. Sterling, APR

ML Strategies - Senior Vice President, Strategic Communications

Leasing & Acquisitions

  • Long-term representation of one of the nation’s largest owners, managers, and developers of first-class office space. Representation includes work in connection with its office and retail leases in seven major Class A office towers in Manhattan.

Litigation, Arbitration & Mediation

  • Represented a prominent dredging company in a multimillion-dollar action against the US Army Corps of Engineers. The work involved the dredging of a major shipping channel to New York and New Jersey.
  • Represented a national institutional owner of commercial and multifamily properties in litigation against an architect and a contractor for defective design and construction of a 450-unit Texas project in state court. Successfully resolved in mediation.
  • Represented a national hospital corporation in a design defect case against the design team for a hospital in Worcester, Massachusetts. Successfully resolved in mediation.
  • Represented a national syndicate of bondholders and bondholder representatives in the successful resolution, workout, and sale of troubled privatized military housing construction projects located in four states with a combined project value of $1.3 billion. Our representation included performance and payment bond claims and the successful defense of an attempted injunction barring sale.
  • Represented the lead engineering, procurement, and construction contractor in a multimillion-dollar, three-party arbitration arising out of the failure of the wastewater treatment plant at a pulp and paper de-inking facility.
  • Represented a nonprofit owner of a 2,000-seat historic theater in Worcester, Massachusetts, in successful resolution, by mediation, of state court litigation with a general contractor involving a $30 million renovation project.
  • Provide ongoing representation to a national contractor in a construction defect case involving a luxury condominium project in southern California.

Contract, Drafting & Negotiation

  • Served as outside counsel for the Massachusetts Port Authority in connection with a $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.
  • Represented a state university in contract review and negotiations for a $55 million biolab facility in a major metropolitan area in New England.
  • Continued representation of a variety of owners and contractors on multiple contract forms (AIA, ConsensusDOCS, custom forms).
  • Represented a national retail pharmacy in contract negotiations and drafting for the construction of its 750,000-square-foot distribution facility in New York with a contract value of $96 million.
  • Conducted contract review and negotiations for $150 million campus retrofit for a major pharmaceutical company in New York.
  • Contract review and negotiations for the construction of a 2 million-square-foot retail distribution facility in East Fishkill, New York.
  • Contract review and negotiations for a retrofit of an oil refinery in Warren, Pennsylvania.

Representative Clients

  • Daniel O’Connell’s Sons
  • Elaine Construction
  • Jay Cashman, Inc.
  • Pulte Homes
  • Sagamore Plumbing & Heating, Inc.
  • Suffolk Construction Company
  • Tenet Healthcare
  • University of Massachusetts
  • Walsh Brothers, Inc.