Resources
Experience

Differential Building Settlement Claims

We were retained by the City in the State of New Hampshire following a $60 million project for a large addition to an existing municipal building. Due to the nature of the underlying soils, the project involved installation of ground improvements known as aggregate piers to stabilize the bearing capacity of the subsurface clay. Shortly after taking occupancy the City noticed significant cracking in walls and floors. Geotechnical and structural investigations revealed that the building experienced differential settlement (i.e. sinking) resulting in structural problems, cracking, and out of plumb doors. We spearheaded the technical evaluation and pursued and successful strategy with our client to leverage and out of court resolution that maximized out client's recovery so that it could undertake corrective work without further expenditure of City funds.

Bid Protest: Court Requires Award of Contract to Our Client.

Our client, Landry/French Construction, was the low, responsive bidder on a large school renovation project in Maine. Despite the low bid, the Owner followed the architect's recommendation and awarded the contract to the second bidder. We pursued and injunction and expedited Court review. The Court ruled in our client's favor and required the School District to award the contract to Landry/French Construction. [Landry/French Construction v. Lisbon School Department, et al.; Cumberland County Superior Court, Case No. AP-14-052]

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...

News

Getting the Band Back Together: How a Surety Team Can Hit the Right Notes

Construction Exec published an article, "Getting the Band Back Together: How a Surety Team Can Hit the Right Notes," in its November edition, covering the effect COVID-19 has on surety bond producers. Attorney Rob...

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

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

City of Portland Releases Guidelines and Procedures for All Construction Sites and Workers at all Public Works

On Monday, March 30, I participated in a video conference on construction activities and COVID-19 sponsored by the Portland Chamber of Commerce with various City of Portland officials and representatives of the developer/contractor community...

News

ABA Forum on Construction Law’s COVID-19 Leadership Roundtable Webinar Series

On January 20, Engineering News-Record published an article, "Frank Giunta: Developed Free Webinars to Discuss Ramifications of COVID-19 on the Industry," discussing the ABA Forum on Construction Law’s COVID-19 Leadership Roundtable webinar series. Giunta...

Publication/Podcast

Massachusetts COVID-19 Essential Services as they Relate to the Construction Industry

On March 23, 2020, Governor Baker issued “an emergency order requiring all businesses and organizations that do not provide ‘COVID-19 Essential Services’ to close their physical workplaces and facilities to workers, customers and the...

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...

Publication/Podcast

Is the Coronavirus Pandemic a Force Majeure?

Contact Verrill at (855) 307 0700