Experience
Education
- Represented national construction-management firm in litigation against a major urban university seeking more than $10 million in additional costs arising from the delay and disruption of a large academic building project.
- Represented national construction-management firm in litigation of a claim for delay and disruption arising from the renovation of a residence hall at a University in Connecticut.
- Successfully represented a private preparatory school in a claim involving architectural malpractice in the design of a dormitory project.
- Defended international development and property-management firm against subcontractor mechanics' lien claims arising from a corporate campus project.
Engineering and Construction Management
- Represented national construction management firm in defense and prosecution of claims arising from allegedly defective design and construction of major MA intermodal transit facility.
- Defended developer and construction manager against claims arising from the construction of luxury hi-rise condominium towers in a multi-tiered, mixed-use development project in Boston, MA.
- Defended geotechnical engineering firm against negligence and indemnity claims arising for the collapse of a cofferdam during the construction of the Brightman Street Bridge in Fall River, MA.
- Defended international development and property-management firm against allegation of fraud and breach of fiduciary duty and prosecuted a claim for payment owed for construction and development-management services provided on the multi-use NorthPoint project in Cambridge, MA.
- Represented real estate development firm in defense of claims arising from construction/renovation a commercial office building and claims under Massachusetts Prompt Pay Act.
Healthcare
- Represented regional medical center in negotiation and drafting of design services agreement and multiple CM-at-Risk agreements for multi-phase construction of a major medical/surgical center, advised on contract and claims administration.
- Represented international pharmaceutical manufacturer in negotiation of development agreement and design services and CM-at-Risk agreement for construction of mixed-use office, manufacturing, and incubator facility.
- Represented national construction-management firm in litigation of a $9 million claim against the owner of a medical office, laboratory and clinical facility in Boston, MA.
Hospitality
- Represented developer of major resort and casino project in negotiation and drafting of design and construction management agreements for $350 million urban project and coordination of development agreement with host community.
- Represented developer of resort properties in negotiation and drafting of design services and CM-at-Risk agreements for multiple luxury beach resorts.
- Prepared standard forms of construction and design contracts to be used by hospitality provider's internal construction department and trained company personnel on administration of forms and potential negotiation parameters for both stand-alone and shopping center locations.
- Represented international gaming/casino corporation in its U.S. national building program, including regulatory advice, due diligence, negotiation and drafting of design, sitework, construction, and specialty-contractor contracts for multiple, substantial hotel/casino projects in Massachusetts, Maine, Ohio, Kansas, Illinois, West Virginia, and Mississippi.
- Defended hospitality provider against mechanics' lien claim brought by 11 subcontractors arising out the construction of a retail food outlet by Thomas Jefferson University Hospital in Philadelphia, PA.
Manufacturing
- Represented international manufacturing firm in negotiation and drafting of construction management agreements for several major warehouse and production facilities, including a 1,000,000 square foot mixed use office, warehouse, and multiple-line production center.
- Successfully defended construction-materials manufacturer against a claim that it supplied defective cementitious flooring material for the renovation of a tipping station in Hudson, Massachusetts.
- Successfully defended manufacturer of cast iron bridge surfaces against claims of defective manufacture on significant highway structure in Massachusetts.
Public
- Represented the Massachusetts Turnpike Authority in nine cases against design firms seeking recovery for cost over-runs and defective design on the Central Artery/Tunnel Project (Big Dig).
- Represented Massachusetts Turnpike Authority in various litigation and appeals arising from $200million in contractor delay and disruption claims and resulting arbitral awards, Central Artery/Tunnel Project (Big Dig).
- Represented Massachusetts Turnpike Authority in suit brought by frustrated bidder that had sought a contract for the design, installation and maintenance of the cellular telephone system for the I-90/I-93 Tunnel.
- Represented a city housing authority in the litigation and appeal of claims arising from environmental contamination of a housing project during demolition phase of a major renovation.
Retail
- Prepared standard forms of construction and design contracts for national retailer to be used by the company's internal construction department in leased-space projects and trained company personnel on administration of forms and potential negotiation parameters.
- Prepared and negotiated standard construction and design contract for regional supermarket chain.
Utilities
- Represented contractor/constructor of utility lines on multiple disputes arising from 500 KW extension; negotiation of construction agreements with public and private utilities.
- Represented tunneling subcontractor on payment claims arising from construction of Massachusetts wastewater treatment facility.
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.
Representative Litigation Matters
- Represented one of the nation's largest geotechnical subcontractors in claims against a major general contractor arising from construction of pier improvements at an East Coast naval facility
- Led defense trial team in a four-week jury trial of a quasi-state agency in $22 million differing site condition claim arising out of the construction of $100 million marine terminal
- Secured dismissal of design malpractice claim arising out of alleged defective specifications on project for renovation of submarine repair facility at the Portsmouth Naval Shipyard in Kittery, Maine (Fletch's Sandblasting & Painting, Inc. v. Fay, Spofford and Thorndike d/b/a Stantec Consulting Services, Inc., 2019 WL 847731)
- Represented Chapter 11 trustee in connection with preference and fraudulent transfer claims, and directors' and officers' breach of fiduciary duty claims
- Represented major gas utility in defense of $40 million claim by steel pipeline contractor
- Represented major gas utility in $10 million dispute involving pipeline contractor's differing site condition claims and counterclaims for construction defects — engagement included successful motion to dismiss under economic loss rule of negligent misrepresentation claims brought by pipeline contractor against major gas utility (Tetra Tech Construction, Inc. v. Summit Natural Gas of Maine, Inc., 2016 WL 3881056)
- Represented bank in defense of $2 million tort claims arising out of real estate investment partnership
- Represented manufacturer/distributor of industrial floor coating materials in defense of claims arising out of failed flooring system at fish processing facility
- Represented manufacturer/erector of modular home in defense of tort claims arising out of alleged defective manufacture and construction leading to water infiltration and mold contamination
- Represented owner of supermarket chain in claims against contractor, architect, and subcontractor arising out of collapse of supermarket roof
- Obtained judgment after bench trial, including penalties and attorneys' fees, on breach of contract and Prompt Payment Act claims behalf of site work subcontractor on school construction project seeking to recover subcontract balance following wrongful termination (R.F. Jordan & Sons Construction, Inv. v. P.M. MacKay & Sons, Inc., 2006 WL 4911366)
- Awarded summary judgment in favor of subcontractor, including penalties and attorneys' fees, in Miller Act and Maine Prompt Payment Act claims (U.S.A. f/b/o Doten's Construction, Inc. v. JMG Excavating & Construction Co., Inc., 2005 WL 26007800)
- Successfully defended Massachusetts Bay Transportation Authority from motion for preliminary injunction seeking to halt or limit operation of Red Line subway
- Provided successful defense in taxpayer lawsuit seeking to halt design of school construction project (Mandell v. Town of Reading, 12 Mass.L.Rptr. 1 (2000))
Solar Energy: Acquisition of Grid-Scale Project in Brunswick, Maine
Verrill represented Diversified Communications in the acquisition of a newly built $2.5 million solar array in Brunswick, Maine. The array, which was developed by ReVision Energy and went online in January 2018, will provide power to more than 100 businesses at Brunswick Landing. Verrill attorneys advised Diversified Communications on a range of issues in the transaction, including federal debt financing, solar investment tax credits, solar renewable energy credits, electric power sales, EPC contracting, and regulatory, real estate and corporate matters. We worked collaboratively with Diversified Communications and the developer of the project to get the deal done on a short timeline while minimizing investment risk.
