Resources
Experience

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 the Davis Bacon Act. The Plaintiff sought treble damages and legal fees.

Under the Davis Bacon Act construction workers on federally funded projects must be paid specified wage rates (classified according to each trade and the locale of the project) for time spent on the job site. In this case the Plaintiff argued he was not paid for time spent on the "site of the work" as defined in the statute. He also took the position that since the work of constructing the dock was performed from a barge, workers should be compensated at the federal Davis Bacon rates while the barge was en route to the island where the boat dock was being constructed, in addition to the time spend there with the barge anchored while it served as the work platform. The travel on the barge each day was about 3 hours for a round trip.

There were contested facts as to whether and when the Plaintiff was actually on the work site. There was a legal issue regarding the definition of the "site of the work" whether the mobile barge was the "site of the work" while in transit to the island. If the Plaintiff prevailed on any of his claims it would have opened the door to claims from other construction workers on this same project to file similar suits.

The case was tried before a Maine Superior Court Justice in June 2013. The Court issued a decision in August 2013 finding in favor of our client on all claims.

Firm Highlights

Matter

Successful Design and Construction Defects Claims for Large Hospital Client

We are successfully pursued claims in federal court seeking recovery of damages arising from defects in the design and construction of a $170 million addition to a Maine hospital complex. The case involved building...

News

Verrill Welcomes Litigator Anuj Khetarpal

(September 30, 2020) – Verrill is pleased to welcome litigation attorney Anuj Khetarpal to the firm as a member of both the Litigation & Trial Group and Health Care & Life Sciences Group. At...

Publication/Podcast

Domestic Discovery for Foreign Arbitrations? Location, Location, Location!

International transactions can generate international disputes. A party to a lawsuit in one country may believe that a non-party in another country has information that could be put to good use in the case...

Publication/Podcast

Domestic Discovery for Foreign Arbitrations? Now Three Circuits Say “No”

Well, that didn’t take long! Earlier this month I posted a short piece describing a two-to-two circuit split on the question of whether a foreign private arbitration panel is a “foreign or international tribunal&rdquo...

News

35 Verrill Attorneys Named 2020 Super Lawyers and Rising Stars

(November 9, 2020) – The 2020 edition of New England Super Lawyers and Rising Stars© has recognized a total of 35 Verrill attorneys for excellence in their individual areas of practice. Only the top...

News

Verrill Trial Attorneys Once Again Recognized as “Local Litigation Stars” in Benchmark Litigation 2021 Edition

(January 14, 2020) – Eight Verrill attorneys have again been recognized for their litigation skills in Benchmark Litigation’s 2021 edition. In addition to the firm’s eight individual rankings, both Karen Frink Wolf and Martha...

Publication/Podcast

Zoom ADR: Best Practices for Virtually Every Virtual ADR Event

As the post-COVID-19 “new normal” comes into focus, it is unlikely that civil jury trials will happen in many jurisdictions until at least the spring of 2021. For family law matters, cases involving children...

Matter

Jury verdict awarding our client in excess of $900,000+ in U.S. District Court on behalf of a wrongfully terminated general contractor

Our client was the prime contractor for construction of a new clay lined landfill in rural Vermont. The Owner terminated the contractor shortly before substantial completion and filed suit for completion costs. We countersued...

Publication/Podcast

Finding Teeth in Massachusetts' Prompt Payment Act

In Tocci v. IRIV Partners, LLC, Boston Harbor Industrial Development LLC and Hudson Insurance Co. (November 19, 2020, Sup. Ct. 19-405), the Massachusetts Superior Court granted summary judgment on a contractor’s breach of contract...

Matter

Fletch's Sandblasting & Painting, Inc. v. Fay, Spofford and Thorndike d/b/a Stantec Consulting Services, Inc.

Filed successful motion to dismiss a design malpractice claim arising out of alleged defective specifications on a renovation project at the Portsmouth Naval Shipyard in Kittery, Maine. The court’s decision may be found at...

Contact Verrill at (855) 307 0700