Experience
Procurement
We have assisted many owners, and contractors in design and construction contracting including:
Massachusetts Institute of Technology Investment Management Company on over a billion dollars in projects in Kendall Square area of Cambridge, Massachusetts.
Bowdoin College including Roux Center for the Environment, Museum of Art, Watson Arena, and Coles Tower renovations, among other projects.
Roman Catholic Diocese of Maine:
Multiple new building and renovation projects
Landry/French Construction:
Multiple projects including design build projects for Colby College in downtown Waterville, and State of Maine. We have also assisted Landry/French on many construction management contracts throughout the State of Maine.
Thompson's Point:
We have represented the developers of Portland's Thompson's point on multiple projects including the renovations of Brick North, and Brick South.
The Jackson Laboratory:
We advised JAX on its $80 million Phase Two expansion of its state of the art vivarium project in Ellsworth, Maine.
Recovery From Surety and Professional Liability Carrier for Defective Turbine and Biomass Energy Facility Components
Our client developed a biomass fired cogeneration power facility to sell power back to the grid and to support its sawmill operations. As part of this project, it entered into a $13+ million contract with the Defendant to supply key components including the fuel delivery systems, combustor, boiler, turbine- generator and related controls and equipment. The core of the case involved a defective turbine and inefficient combustor. The turbine was rejected as a non-conforming good. The Defendant filed for bankruptcy and we pursued performance bond surety and its professional errors and omissions insurer in the U.S. District Court for the District of Maine in July 2020. .
The client was thrilled with the outcome and our ability to achieve a favorable resolution with only limited deposition discovery, well in advance of trial.
Subcontractor Prevails on Wrongful Termination and Delay Claims Following 18 Day Arbitration
Our client was terminated as a mechanical subcontractor on a U.S. Navy project at the Portsmouth Naval Shipyard in Kittery, Maine for alleged delays. Our client and its surety faced claims for costs of completion of about $2 million claimed by the general contractor and sought recovery of about $500,000 on its claims for delays and wrongful termination. Following an 18-day arbitration hearing from March to December 2020 before the American Arbitration Association, our client prevailed and received most of its damages. The arbitrator rejected the general contractor’s claims in their entirety and ruled that our client was entitled to damages for wrongful termination. We were able to prove that the project delays were attributable to the general contractor’s mismanagement and poor coordination of the trade contractors.
