Resources
Experience

Client Recovers on Claim On Differing Site Conditions Claim Involving Subsurface Contaminated Soils

We successfully resolved a substantial claim for our client, a large, Maine based site contractor, stemming from differing site conditions encountered on an aviation facility owned by project federal government. The case stemmed from the discovery of substantial subsurface PCB contaminated soils during the excavation phase. Based on pre-bid information, limited quantities of contaminated soils were anticipated in light of soil borings included in the plans and specifications. However, once construction was underway our client encountered more extensive subsurface contamination in locations and elevations that were not expected. The existence of the additional contaminated soils required a far more extensive and expensive soils testing and remediation process. Our client sought recovery of these additional costs, first from the general contractor and then from the federal government. Under our client’s subcontract with the prime contractor, it had the option to litigate its case in federal court in Northern California or pursue a federal administrative claims process in which its claims were “sponsored” by the prime contractor. Our client chose the latter. Following complex, three-party negotiations we were able to successfully resolve the dispute with our client receiving payment. Our client is thrilled with this outcome.

Firm Highlights

Matter

Surety Takeover of Mountain Top Communications Infrastructure Contract Following Owner’s Default of Contractor

We represented a performance bond surety asked to step in and complete four communications infrastructure projects. We engaged key consulted and mapped about a path forward for completion of the project with our client’s...

Matter

Breach of AIA Construction Contract and Waiver of Consequential Damages By Owner

Our client, a general contractor, and the project owner signed an American Institute of Architect A101 contract with accompanying A201 general conditions. The project included construction of a new office/retail building, and associated site...

Matter

Defense of Breach of Contract, Negligent Construction and Breach of Duty of Workmanship Claims

We successfully defended a large mechanical contractor in connection with lawsuit stemming from the comprehensive failure of the hydronic piping system in a resort hotel’s heating and cooling system. Through fact and expert witness...

Matter

Engineering Malpractice

We asserted claims on behalf of a large private institution related to defective design and installation of a geothermal heating and cooling system in a high profile public building. The matter was settled favorably...

Matter

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...

Matter

Project Owner Breached Contract by Attempting to Terminate Contractor

Our client, large construction contractor, completed construction of a new entry at a public building. The scope of work included construction of new concrete sidewalks, stairs, accessibility ramp, canopy, lighting, railings and a non-load...

News

Verrill Dana’s Litigation & Trial Group Achieves Highest Distinction in Maine

(July 12, 2019)  –  Verrill Dana has been distinguished as a leading firm in Maine in the field of Litigation: General Commercial by London-based Chambers & Partners (Chambers), one of the world’s most respected...

News

Verrill Dana Attorney Elected Chair of Connecticut Bar Association Litigation Section

(July 11, 2019)  – Verrill Dana litigator  Andrew Nevas   has been elected Chair of the Connecticut Bar Association (CBA) Litigation Section, effective July 1, 2019. A nonprofit member service organization for lawyers in the...

Publication/Podcast

Arbitration Agreements in Employment Contracts Webinar

On Wednesday, September 12, Verrill Dana attorneys Richard Moon, Benjamin Ford, and Chris Lockman presented a webinar entitled "Arbitration Agreements in Employment Contracts After the 'Epic' Decision." A description and link to the recorded webcast...

Matter

Defense of Contractor - Davis-Bacon Prevailing Wage Claims

This case concerned the construction of a marine boat dock on an island in Boston Harbor. The Plaintiff claimed entitlement to unpaid wages and enhanced wages under the federal prevailing wage statute known as...