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

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...

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...

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 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

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...

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...

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...

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...

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...