Resources
Experience

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 jury trial of a quasi-state agency in $22 million differing site condition claim arising out of the construction of $100 million marine terminal
  • Secured dismissal of design malpractice claim arising out of alleged defective specifications on project for renovation of submarine repair facility at the Portsmouth Naval Shipyard in Kittery, Maine (Fletch's Sandblasting & Painting, Inc. v. Fay, Spofford and Thorndike d/b/a Stantec Consulting Services, Inc., 2019 WL 847731)
  • Represented Chapter 11 trustee in connection with preference and fraudulent transfer claims, and directors' and officers' breach of fiduciary duty claims
  • Represented major gas utility in defense of $40 million claim by steel pipeline contractor
  • Represented major gas utility in $10 million dispute involving pipeline contractor's differing site condition claims and counterclaims for construction defects — engagement included successful motion to dismiss under economic loss rule of negligent misrepresentation claims brought by pipeline contractor against major gas utility (Tetra Tech Construction, Inc. v. Summit Natural Gas of Maine, Inc., 2016 WL 3881056)
  • Represented bank in defense of $2 million tort claims arising out of real estate investment partnership
  • Represented manufacturer/distributor of industrial floor coating materials in defense of claims arising out of failed flooring system at fish processing facility
  • Represented manufacturer/erector of modular home in defense of tort claims arising out of alleged defective manufacture and construction leading to water infiltration and mold contamination
  • Represented owner of supermarket chain in claims against contractor, architect, and subcontractor arising out of collapse of supermarket roof
  • Obtained judgment after bench trial, including penalties and attorneys' fees, on breach of contract and Prompt Payment Act claims behalf of site work subcontractor on school construction project seeking to recover subcontract balance following wrongful termination (R.F. Jordan & Sons Construction, Inv. v. P.M. MacKay & Sons, Inc., 2006 WL 4911366)
  • Awarded summary judgment in favor of subcontractor, including penalties and attorneys' fees, in Miller Act and Maine Prompt Payment Act claims (U.S.A. f/b/o Doten's Construction, Inc. v. JMG Excavating & Construction Co., Inc., 2005 WL 26007800)
  • Successfully defended Massachusetts Bay Transportation Authority from motion for preliminary injunction seeking to halt or limit operation of Red Line subway
  • Provided successful defense in taxpayer lawsuit seeking to halt design of school construction project (Mandell v. Town of Reading, 12 Mass.L.Rptr. 1 (2000))

Firm Highlights

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...

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...

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...

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

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

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...

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

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...

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...

Contact Verrill at (855) 307 0700