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Litigation and Construction Law:
- Successfully prosecuted General Contractor's claim against Owner through employment of mechanic's lien.
- Obtained summary judgment for Owner against subcontractors seeking a lien after material breach by General Contractor.
- Prosecuted and settled defective plan and specification claim under the FAR against Federal Government.
- Managed termination of General Contractor for Owner leading to advantageous settlement for client.
- Perfected and prosecuted direct pay claims against municipalities for subcontractors.
- Represented Developers and Owners in the negotiation, drafting, and execution of Construction Contracts.
- Defended numerous parties in land use and environmental disputes.
- Obtained six-figure settlement for owner when defective design of sprinkler system failed to suppress fire.
- Successfully advanced novel argument to avoid summary judgment in mechanic’s lien action.
- Successfully litigated a 1.1 million-dollar injunction trial in prosecuting a road-paving client’s claim for delay and defective plans and specifications against the State of Connecticut.
- Participated in subsequent arbitration leading to award for client.
- Obtained advantageous settlement for client in delay claim when client forced to work inefficiently on schoolhouse project.
- Conducted prosecution of breach of warranty claim against major manufacturer and component suppliers for defective design of “megayacht”. Case eventually settled for over a million dollars in compensation to client.
- Perfected multimillion-dollar mechanic’s lien in Connecticut in complex construction contract termination matter.
- Defended an at-risk construction manager from subcontractor’s five million contract and change order claim in the construction of a semi-conductor facility.
- Obtained a multitude of advantageous settlements and verdicts for general contractors against owners and subcontractors in claims in defective services, structural defect claims, and personal injury suits.
- Retained by a developer to defend a commercial foreclosure on a four million mortgage by mortgagee’s assignee in Connecticut. Litigation strategy included an attack upon the legitimacy of the assignment of the mortgage through use of the discovery process.
- Retained by a major computer supplier to recover a six-figure balance for computers supplied to subcontractors on a highway authority project in Massachusetts. Among other things, case involved the unraveling and ascertaining of the corporate entities, and identifying assets.
- Retained by a real estate trust to defend attachment by overzealous Receiver. Litigation strategy included the identification of procedural and jurisdictional flaws of court’s appointment of Receiver.
- Defended munitions shipper from subrogated insurance carrier wherein “top secret” item was damaged in transit. Asserted damages by claimant were in the $400,000 range. Crafted defense theory alleging that the clandestine nature of the item precluded client’s proper packaging and securing of item as well as contractual agreement concerning allocation of risk.
- Acted as Receiver of ongoing tourist attraction. Administered ongoing business as Officer of the Court.
Practice Areas
Construction
Litigation
Education
New England School of Law, Juris Doctor, 1991
Dean’s List
Editor-In-Chief, Due Process, Student Newspaper
Boston College, BA in Political Science, 1988
Varsity Football
Dean’s List
Bar Admissions
Massachusetts
United States District Court for the District of Massachusetts
United States District Court for the District of Connecticut
United States Court of Appeals for the First Circuit
New York
Connecticut
United States District Court for the Southern District of New York
Professional and Community Involvements
Massachusetts Bar Association
Boston Bar Association, Real Estate Section
American Bar Association, Forum on the Construction Industry
Member-Legislative Review Committee
Construction Industry of Massachusetts
Association of General Contractors
Associated Builders and Contractors
Boston College Club
Fundraiser, Juvenile Diabetes Research Foundation
Youth Soccer and Softball Coach, Medfield, MA
Other
PUBLISHED ARTICLES AND LECTURES
"AIA Document A-401," National Teleconference, Lorman Education Services, Boston, MA, April 27, 2007
"Construction Law Litigation Strategies: Leading Lawyers on Analyzing the Basis of a Dispute, Preparing for Trial, and Understanding Construction Laws (Inside the Minds)," Aspatore Books, February, 2007
“AIA Contracts” Teleconference, Lorman Education Services, Boston, MA, October 6, 2006
“The Construction Process From Start To Finish,” Lorman Education Services, Boston, MA, September 20, 2006
“Fundamentals of Construction Contracts,” Lorman Education Services, Springfield, MA, April 6, 2006
“Construction Delay Claims,” Lorman Education Services, Peabody, MA, March 22, 2006
“Comprehensive Construction Law in Massachusetts,” Lorman Education Services, Boston, MA, January 27, 2006
Construction Process from Start to Finish, Lorman Education Services, Boston, MA, September 22, 2005
AIA Contracts, Lorman Education Services, Wilkes-Barre, PA, March 8, 2005
"The Fundamentals of Construction Contracts: Understanding The Issues," Lorman Education Services, Springfield, MA, March 15, 2005
"AIA Contracts," Lorman Education Services, New Bedford, MA, February 15, 2005
“End of the Line For the Pay-When-Paid Clause?” – awaiting publication.
“Grueling Ruling, Massachusetts Allows Treble Damages in Arbitration”, CIM Magazine, August, 2002.
“Broker’s Contracts”, Greater Boston Real Estate Board, Commercial Broker’s Division, multiple lectures, 2001 through 2004.
“Massachusetts Mechanic’s Liens; a Practical Approach”, Lorman Seminars, Springfield, MA April, 2001.
“Credit Contract Forms in Connecticut, The Electronic Signature Law, Internet Credit Documents, and the Fair Credit Reporting Act”, Lorman Seminars, Hartford, CT February 27, 2001.
“The Fair Credit Reporting Act”, National Association of Credit Managers, Berlin, CT March 2000.
“When a “Promise” Isn’t a Promise”, ConstructionRisk.com, September 6, 2000.
Super Lawyer 2005, 2006, 2007, 2008, 2009 and 2010 Recipient, Boston Magazine.
Reported Decision: Brill v. Vitols, et al., 27 M.L.W. 2659 (1999).
Reported Decision: Soarmar v. Pinncon et al., 27 Mass. L. Rptr. 2, 21 (May 17, 2010)
Reported Decision: CC TEN WR, LLC et al. v. Board of Appeal, Boston, 09 P 2130 (Memorandum and Order Pursuant to Rule 1:28) (2010)
Featured Attorney - Massachusetts Lawyers Weekly, “On the Move”, October 4, 1999.
Court Appointed Receiver, Mediator, Arbitrator - Suffolk, Middlesex, and Norfolk County Superior Courts.
Massachusetts Bar Association Court Mock Trial Committee, Moot Court Judge
NBC's Today Show, July 23, 2009 "Stem cells in baby teeth"
JDRF Baystate Chapter Website
Boston Marathon 2008
Team Joslin Running Marathon in Boston with High Hopes for Diabetes Cure
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