Construction

If you are building, developing, or managing a construction project, or are in a dispute concerning one, Prince Lobel’s national, full-service Construction Law Group can help you succeed. We offer a wide range of legal services to all parties involved in private and public construction projects, including owners, developers, lenders, design professionals, contractors, subcontractors, suppliers, vendors, and manufacturers. From drafting and negotiating complex project agreements, to providing advice on dispute-avoidance and day-to-day legal issues, to handling multiparty claim disputes and litigation, we have the skills, experience, and creativity necessary to protect your interests and maximize your chance of success.

Our approach is to build long-term relationships with our clients, which enables us to fully understand their businesses, needs, and objectives and to provide cost-effective, tailored, and practical legal advice and achieve successful outcomes.

OUR CONSTRUCTION TEAM OFFERS CONSIDERABLE LEGAL EXPERIENCE IN THE FOLLOWING AREAS:

• Dispute Resolution
• Contract Drafting, Preparation, and Negotiation
• Construction Project Consulting
• Accessibility
• Aging Infrastructure Projects
• Bid Disputes/Protest/Injunctive Relief
• Claims Resolution
• Construction Defects
• Contract Review and Analysis
• Cumulative Impact Claims
• Delay, Disruption, Interference, Acceleration, and Suspension
• Design Errors and Omissions
• Differing Site Conditions
• Financing
• Insurance Coverage
• Labor Disputes
• Licensing
• Liquidated Damages
• Mechanic’s Liens
• Prequalification Issues
• RFP Analysis and Assistance
• Risk Evaluation
• Scope Disputes
• Subcontractor/Supplier Disputes
• Surety Bonds
• Sustainable Construction
• Termination
• Warranties

Developers/Owners/Colleges and Universities

Drafted and negotiated AIA agreements for architects, engineers, and contractors on behalf of the owner for a new art school project.

Assembled project team and developed project protocols, contracts, and value engineering initiatives for a $75 million aging infrastructure project with replacement of HVAC and electrical systems.

Successfully defended a large food manufacturer against $400,000 in productivity claims from a mechanical contractor regarding an $18 million upgrade to an existing manufacturing facility.

Defended a developer against a private-equity lender in claims from the construction of a 180-lot development and championship golf course.

Negotiated multimillion-dollar construction Guaranteed Maximum Price agreement for medical facility.

Secured recovery for property owner in connection with adjacent transportation infrastructure project.

Successfully defended developer of high-end waterfront condominium complex in connection with multimillion -dollar property damage, construction, and design defect claims asserted by condominium association and individual unit owners.

Led forensic team to diagnose precast concrete failures and secure recovery for replacement work.

Obtained seven-figure settlement for owner in state court civil action in connection with claims against a contractor involving improper design and installation of a fire protection system in 40,000 sq. ft. golf community clubhouse.

Obtained high six-figure settlement for public owner regarding failures relating to $3 million PVC roofing system.

Drafted and negotiated design-build AIA agreements for a college science center, with new and renovated project components.

Successfully defended developer of high-end urban high rise condominium in connection with property damage, construction, and design defect claims asserted by condominium association and individual unit owners.

Successfully represented real property owner(s) and contractors in state court civil actions in connection with prosecution/defense of mechanic’s lien claim(s) pursuant to Massachusetts mechanic’s lien statute.

Drafted and negotiated AIA constructions contracts on projects ranging in value from $350,000 to $20 million.

General Contractor

Secured dismissal of $1.5 million in claims against a general contractor for a $26 million residential development in Leicester, Massachusetts.

Developed and prosecuted claims for a major general contractor on road and bridge projects related to extra work and delays.

Represented a general contractor against claims from subcontractors on $4 million Massachusetts Department of Conservations and Recreation project.

Defended a general contractor against subcontractor claims related to the $4.5 million emergency repair of a public school.

Successfully resolved claims for a general contractor against the owner of a downtown office building undergoing a multimillion-dollar renovation.

Negotiated takeover/completion agreement with surety and completion subcontractor for fire protection work on multimillion-dollar federal construction project.

Successfully argued and obtained summary judgment as co-lead counsel for a general contractor against the Attorney General for the Commonwealth of Massachusetts, vacating a bid protest decision improperly finding the general contractor guilty of fraud during statutory pre-qualification to bid for a municipal public construction project.

Tried and obtained six-figure jury verdict for general contractor client in state court involving disputed contract balance and defense of breach of contract counterclaim relating to flooring system failures on a public construction project.

Successfully defended general contractor in state court civil action with respect to claims asserted by municipality arising from defective installation of $500,000 slate roof on municipal building project.

Successfully resolved general contractor’s claims in state court civil action against municipality for extra costs, extra work, changed and unforeseen conditions, and inefficiencies relating to defective plans and specifications on $21 million public school renovation and construction project.

Tried and obtained judgment for general contractor in U.S. Bankruptcy Court for the District of Massachusetts in connection with claim(s) and counterclaim(s) asserted by debtor HVAC subcontractor arising in connection with multimillion dollar physical plant improvement project at a major Massachusetts university.

Successfully defended general contractor before U.S. Court of Appeals for the First Circuit in connection with application of Massachusetts Common Law as it applies to breaching subcontractor’s right to payment for partial performance of its subcontract obligations.

Successfully represented general contractor in arbitration in connection with its claim(s) arising on the Big Dig regarding scope of work change(s), extra work, changed conditions, disruption, and production inefficiencies surrounding fire equipment testing in an abandoned highway tunnel near Standard, West Virginia.

Successfully prosecuted bid protests for general contractors before the Massachusetts Attorney General and in the Massachusetts state courts in connection with public bidding issues.

Successfully defended general contractor clients in connection with reach and apply actions brought by subcontractor creditors.

Successfully defended general contractors in connection with federal and state payment bond claims.

Condominium Association

Secured favorable resolutions for owners with HVAC, water infiltration, mold, fire safety, bridge bearing, and paving disputes.

Secured multimillion-dollar design and construction settlement for defects in a new luxury residential property in downtown Boston.

Successfully resolved acoustical claims and the implementation of remediation of acoustic deficiencies at a condominium project.

Subcontractor/Supplier

Successfully represented subcontractor against claims relating to breach of warranty and unfair trade practices. This was the first decision in Massachusetts to effectively limit the rights under the “warranty of habitability” to only the developer/vendor, and specifically exclude subcontractors.

Successfully mediated a  $450,000 contract balance claim for a national life-safety systems subcontractor resulting in payment and elimination of potential counterclaims by a general contractor of more than $1.2 million in alleged project delay damages, for a Miami-area condominium project.

Successfully mediated a $460,000 contract balance claim by a national building wall systems subcontractor in a matter of first impression, where the owner of the commercial building alleged that its general contractor’s bankruptcy filing and its subsequent project completion expenses barred the subcontractor’s payment claim based on its construction of the Massachusetts Mechanic’s Lien Statute, notwithstanding prior perfection of the subcontractor’s lien before the general contractor’s bankruptcy filing.

For more than 17 years, successfully administered a contract, mechanics lien, and payment bond collection program across 20 East Coast states for a national life-safety systems subcontractor.

Obtained Massachusetts Superior Court decision in favor of subcontractor against payment bond surety, ruling that surety could not invoke “paid-if-paid” defense as to bond claim.

Successfully resolved claim(s) of site work subcontractor in a state court action in connection with claim exceeding $1 million against general contractor seeking recovery of extra costs incurred as a result of encountering differing subsurface bedrock and groundwater condition(s) on road construction project.

Obtained settlement for precast concrete supplier in federal court civil action seeking recovery of contract balances, extra costs, and delay damages from general contractor in connection with manufacture and supply of precast concrete prison cells together with defense of counterclaim(s) asserted against supplier for defective workmanship and liquidated damages.

Positively resolved claims of site work contractor in state court civil action involving multimillion dollar claim against owner/Commonwealth arising on the Big Dig for differing conditions of soil materials which caused subcontractor to work inefficiently and incur extra costs in handling and placement of wet soil and other materials not specified in contract documents.

Obtained positive result for architectural hardware supplier/installer in state court civil action seeking recovery from general contractor of costs incurred due to changes in project plans and specifications which impacted supplier/installer’s scope of work and required supplier/installer to provide extra labor and materials on a building project.

Obtained six-figure summary judgment ruling from Massachusetts Superior Court on behalf of HVAC contractor against subcontractor supplier of controls/equipment for breach of contract failure to perform on multimillion dollar public school project.

Prosecuted federal and state payment bond claims on behalf of subcontractors/suppliers.

Surety

On appeal, successfully argued that client surety was entitled to a speedy trial under G.L.c.149, §29. Vacating the trial court decision, the appeals court stated that sureties are “a party” as much as those providing labor and materials for construction-related work.

Represented a surety in prosecuting delay and productivity claims from a $61 million power plant upgrade.

Represented surety and obtained judgments against defaulting indemnitor.

Represented surety in negotiations to replace defaulting principal with performing contractor to complete various projects.

 

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