While our goal is always to minimize risk and achieve smooth and timely project delivery, there are times when risk turns into dispute. When that occurs, our team of construction litigators is adept at advising our clients through all phases of dispute resolution. We regularly appear in state and federal courts, in all forums of alternative dispute resolution, including mediation and arbitration, as well as before various regulatory and administrative hearing boards. We represent clients in a broad range of contract and extra-contractual claims. Our group has extensive experience in resolving disputes over construction terms addressing payment methods and procedures, scope of work, deadline and delay, termination and suspension, as well as insurance and warranty requirements. We regularly prosecute and defend mechanics lien claims, surety bond claims, delay claims, extended conditions claims, defective design or specification claims, wage and employment matters, and bid protests, among others.
Practice Chair
David L. Fine
Partner
Thomas J. (T.J.) Conte
Partner
Robert B. Gibbons
Partner
Peter J. Hamilton, II
Of Counsel
James P. Hoban
Partner
Amanda C. McNamara
Associate
William J. Morrissey
Associate
Dave Fine quoted in MA Lawyers Weekly for reactions to a recent decision addressing relief available under the Massachusetts Prompt Pay Act
[ read full story ]2024 Best Lawyers Awards Announced
[ read full story ]David Fine quoted in Massachusetts Lawyers Weekly, "In rare decision, judge dissolves lien in construction case
[ read full story ]David Fine discusses "Massachusetts Construction Contracts in the Post-Pandemic Environment," December 4, 2024
12/04/2024[ read full story ]David Fine co-authors "The 2017 A201 Deskbook," published by the American Bar Association
9/29/17[ read full story ]David Fine Authors Chapter of ABA Book, "Construction Subcontracting, A Comprehensive, Practical and Legal Guide"
04/02/2014[ read full story ]Representative Matters
- Negotiated a favorable resolution for a general contractor in a multi-million dollar delay claim stemming from defective design documents and extended conditions in a multi-phased renovation and new construction of a hospital. The general contractor’s claim included a substantial pass-through claim by the mechanical subcontractor. The hospital brought a counterclaim alleging defective installation of concrete subflooring. The litigation involved claims, counterclaims and cross-claims by and between the owner hospital, its architect, the general contractor, and multiple subcontractors and suppliers.
- Successfully prosecuted multi-million dollar claims for breach of contract and unfair business practices on behalf of a designer and builder of pollution control systems for power generation facilities.
- Obtained a mechanics lien and successfully negotiated a settlement on behalf of a site subcontractor who was owed a substantial contract balance and change order amounts on a private project in which the general contractor had filed for bankruptcy protection.
- Represented a general contractor and its surety in defending claims on a payment bond brought by a specialty concrete subcontractor on a public works project involving renovation and build out of a college dormitory. The general contractor had a number of defenses, including defective installation of underlayment and flooring surface and delay caused by the subcontractor’s lack of manpower.
