Representative Matters

  • Assisted an owner and an ENR Top 10 construction management firm in pursuing a contractor that failed to provide a structurally sound cofferdam to be used in an environmental remediation project in New Hyde Park, Massachusetts.  Our attorneys litigated the dispute in the United States District Court of Massachusetts and obtained a judgment for the full amount of the necessary repairs, as well as the client's attorneys' fees.
  • Problems in its mammoth new dry dock facility jeopardized Bath Iron Works completion of a major Navy ship contract. The company's parent, General Dynamics, Corp. hired a team at Preti Flaherty to investigate the problem and secure fast relief in federal court. Working with a team of mechanical and geotechnical engineers, the Preti team identified the responsible parties and secured a fast, eight figure, resolution of the problem.
  • Prevailed in a 3+ week arbitration matter in San Diego, California in a case involving $10-15 million in claimed damages. A California-based professional engineering and quality assurance company sued our engineering firm client for $8-10 million for breach of contract and other related intellectual property claims. On behalf of our client, we counterclaimed seeking approximately $1.9 million for services rendered, plus interest, costs and attorney's fees. The arbitrator ruled in favor of our client on all counts and awarded our client $3.6+ million in damages without any award for our adversary.
  • Successfully defended a $15 million engineering malpractice claim arising from the design of a groundwater treatment plant at a federal Superfund site in New Hampshire on behalf of a large national multi-disciplinary engineering firm.  The owner alleged that the plant failed within a few days after start-up, requiring a complete re-design.  The case included more than 500,000 documents, and turned on complex principles of hydrogeology, chemistry, and engineering in the design of the treatment plant. The 3-member AAA panel accepted our primary defenses after a month-long, multi-expert arbitration hearing.  The case subsequently settled on confidential terms satisfactory to our client.
  • Represented a major lending institution during the financing of a construction loan for a green, state-of-the-art energy sustainable building on a brownfields site in Concord, New Hampshire. The Construction Law Group assisted the bank during the various phases of construction, including detailed review of lender risks in a fast-track to accommodate the limited New England building season.
  • When Maine Medical Center built a new addition to its hospital, an industrial crane was used to work on the project.  Unfortunately, during the construction project the crane, luffing boom and jib toppled over onto several residential buildings.  Our attorneys were hired to represent the crane owner and help sort through the myriad of regulatory obstacles,
    liability and damage issues presented in the case.  The case subsequently settled on terms favorable to our client. The end result was the permitting of the first major energy infrastructure on the Maine coast in decades. 
  • Represented a privately-held credit card processing company with the negotiation and documentation of construction management, design and third-party inspection and certification services for the substantial renovation of the Portland Public Market building into Gold LEED certified offices, with space for about 215 employees. The construction management documents were also coordinated with environmental and real estate restrictions on the real estate.
  • Won a jury verdict of nearly $1 million in Vermont Federal Court for a general contractor following wrongful termination from construction of large commercial landfill.
  • Won summary judgment in Federal Court on behalf of commercial contractor in "Miller Act" case resulting in substantial damage award, plus attorney fees, in construction dispute arising out of U.S. Navy contract for aircraft hangar renovations at Brunswick Naval Air Station.
  • Represented a major defense contractor in designing a unique set of construction management documents for a two hull warship assembly facility spanning project conceptualization, design, bid and construction, with detailed provisions for owner exits, shareline savings and other specialized features.
  • Provided advice to a major state agency on resolution of major change order disputes, vendor solvency issues and other completion facilitation tasks for a major technology development and construction install project at multiple locations in the state.
  • Obtained summary judgment for national retail chain against subcontractor's mechanic's liens when General Contractor abandoned project.
  • Managed termination of General Contractor and obtained advantageous settlement for client.
  • Prevented termination on behalf of General Contractor at major resort and negotiated completion of project and advantageous settlement.
  • Successfully litigated a $1.1 million injunction trial in prosecuting a large road paving client for delay and defective plans and specifications against the State of Connecticut.
  • Successfully perfected a $55 million mechanics lien against a developer in the State of Connecticut.
  • Advantageously settled defective plan and specification claim for an international General Contractor concern against an arm of the federal government.

Firm Highlights

Publication

Contractor's Guide to Mitigating Risks in the AIA A201-2017 General Conditions

The AIA A201-2017 is generally a well-understood contract document and is used in a significant number of construction projects each year. While this standard contract covers most risks, there are a number of areas...

Publication

The Moving Finish Line: Statutes of Limitation and Repose Are Not Always What They Seem

Having an end date for risk is important to construction professionals who need to know when they can close their books and destroy files relating to old projects. In this article for  Construction Executive...

Publication

Lien Waivers: Understanding the Risks in a Common Form

Lien waivers assure owners that once payment has been made to a contractor, or subcontractor, that contractor cannot obtain a mechanics' lien for that money at a later time. In this article for  Construction Executive , Kenneth...

Publication

Preti Flaherty COVID-19 Resources

In response to the ongoing COVID-19 pandemic, Preti Flaherty's attorneys have maintained a constant stream of the most up-to-date information and resources for our clients, business partners, and others struggling to navigate these complex...

Publication

Owner's Guide to Mitigating COVID-19 Risks in the AIA A201-2017 General Conditions

While the AIA A201-2017 is generally a well-understood contract, COVID-19 presents new logistical and economic risks that can leave owners at risk unless edits are made. This guide focuses on changes to the AIA...

Publication

Contractor's Guide to Mitigating COVID-19 Risks in the AIA A201-2017 General Conditions

The COVID-19 pandemic has presented new risks and challenges that will affect construction projects for years to come. This business level summary provides specific recommended edits that contractors and construction managers should consider when using...

Publication

NH Gov. Sununu Issues Stay-At-Home Order - Construction Considered Essential Industry

Yesterday, in response to the COVID-19 outbreak, New Hampshire Governor Chris Sununu issued an emergency order shuttering all non-essential businesses in the state effective today. This morning, the governor's office released a list of...

Publication

Construction Alert: Gov. Baker Clarifies Massachusetts Construction Requirements and Possible Future Impacts for New Hampshire

The state of construction in Massachusetts continues to evolve as Governor Baker issued another order yesterday tightening  the list of types of construction that are allowed to proceed  as "essential services." Under the new...

News

48 Preti Flaherty Attorneys Selected by Peers for Inclusion in Best Lawyers in America 2021, Including 4 “Lawyers of the Year”

Forty-eight Preti Flaherty attorneys have been named to Best Lawyers in America 2021, including four recognized on the inaugural “Ones to Watch” list for attorneys earlier in their careers and four “Lawyer of the...

Publication

COVID-19 and Contractual Non-Performance

Managing Risk on Existing Projects In contractual relationships extreme events may occur through no fault of the impacted party, temporarily inhibiting or completely preventing performance. During this pandemic, the inability of businesses to provide...