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

Publication/Podcast

ABA Public Contract Law Section – Guide to State Procurement Maine Chapter; (Publication Pending)

Verrill attorney Robert Ruesch was recently featured in The American Bar Association Public Contract Law Section – Guide to State Procurement in which he authored the Maine chapter. Publication is pending.

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

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...

News

'Painful' Big Dig Memories Steel Mass. for Infrastructure Influx

Verrill attorney Brian J. O'Rourke, Jr. was recently quoted in the Law360 article "'Painful' Big Dig Memories Steel Mass. for Infrastructure Influx," which focuses on Massachusetts' expected influx of federal infrastructure funds to upgrade...

Publication/Podcast

New Rules for Apprentices on Energy Projects Come with Uncertainty for Contractors and Developers

On January 1, 2021, a new law went into effect setting benchmarks for use of apprentices on energy generation facility construction projects. Enacted in 2019, the law was part of “An Act to Establish...

Matter

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...

Matter

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...

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