Construction Law

In any phase of a project, problems can arise. Having experienced counsel advocating for your best interests can help you move forward. Our attorneys help owners and contractors in the public and private sectors move their projects to completion smoothly and cost-effectively. Because we represent owners and contractors, we have a 360-degree vantage point to better anticipate expectations and identify potential issues and road blocks.

Litigation, arbitration, and alternative dispute resolution form a significant part of our practice. We are keenly aware of the significant costs — both in dollars and lost employee time — that arise in traditional litigation. With that in mind, we work closely with clients to select the most effective and beneficial method of dispute resolution.

We also have extensive experience in all types of contractual relationships, including design / build, fast-track, construction management, EPC, and more conventional owner / contractor and owner / architect relationships. We regularly provide advice regarding public bidding and procurement issues. Our experience in navigating disputes allows us to provide advice in crafting contracts to avoid pitfalls and future conflicts that can cripple what would otherwise be successful projects.

Quick Facts

  • Leading construction law practice in the Northeast
  • Handle projects and resolve disputes across the country
  • Lawyers with dispute resolution experience in the construction, engineering, environmental, real estate, and design industries
  • Extensive litigation and transactional experience, including all forms of “horizontal” and “vertical” construction and development
  • Team members with leadership positions in local and national construction industry groups, including the Construction Bar
  • Industry-specific arbitration and litigation experience, including a network of expert witnesses, local counsel, and consultants

Areas of Focus

  • Accident site crisis communications
  • Arbitration
  • Bid protests
  • Bondholder representation
  • Construction and design defects
  • Contract drafting & negotiations
  • Delay and disruption claims
  • Design / build contracting
  • Differing site conditions claims
  • Green buildings
  • Government contracts
  • Insurance issues
  • LEED
  • Litigation & mediation
  • Minority / women / disadvantaged business enterprises
  • OSHA
  • Owner / designer disputes
  • Payment and performance bond claims
  • “Prompt Pay” legislation
  • Regulatory compliance and training
  • Subcontractor / supplier disputes
  • Termination cases
  • Union issues

Rankings & Recognitions

  • Attorneys ranked by Best Lawyers and Super Lawyers

Construction Litigation & Dispute Resolution Experience

  • 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 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.
  • 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.

Construction Law & Counseling Experience

  • 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 the University of Massachusetts in the contract review and negotiation of a $55 million biolab facility in Boston.
  • Represented CVS in contract negotiations and drafting for the construction of a 750,000-square-foot distribution facility in Chemumg, New York. Contract value: $96 million.
  • Contract review and negotiations for a $150 million campus retrofit for OSI Pharmaceuticals in Ardsley, 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.
  • Represented Bristol-Myers Squibb in connection with its acquisition of a 90-acre site at Fort Devens, Massachusetts, upon which the company developed a $1.1 billion biologic manufacturing facility.
  • Continued representation of a variety of owners and contractors on multiple contract forms (AIA, ConsensusDOCS, custom forms).
  • Representation of General Electric in all phases of a multiyear Hudson River environmental remediation project.

Representative Clients

  • Arbella Insurance
  • Boston Properties, Inc.
  • Colony Realty Partners
  • CVS Health Corporation
  • Daniel O’Connell’s Sons
  • Elaine Construction
  • General Electric Company
  • Greater Boston Food Bank
  • Jay Cashman, Inc.
  • Lincoln Property Company
  • Massachusetts Institute of Technology
  • Massachusetts Port Authority
  • Nautilus Solar Energy, LLC
  • Sagamore Plumbing & Heating, Inc.
  • Suffolk Construction Company
  • Tenet Healthcare
  • University of Massachusetts
  • Walsh Brothers, Inc.