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

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

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...

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...

News

Verrill Trial Attorney Marie Mueller Elected as Partner

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

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

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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