Kenneth A. Sherman is a member of Prince Lobel’s Construction and Business Transactions practice groups. He is an experienced construction attorney with significant construction litigation and transactional experience. In this capacity, Ken assists construction project owners, developers, general contractors, construction management firms, subcontractors, and material suppliers with drafting and negotiating all manner of construction agreements and forms and with prosecuting and defending construction disputes.
Ken has over a decade of experience efficiently and effectively litigating construction disputes on behalf of owners, contractors, subcontractors, and design professionals. Ken’s diverse construction litigation practice is focused on securing payment on construction projects on behalf of general contractors and subcontractors, defending contractor performance, prosecuting contractor or design professional non-performance, mechanic’s liens, prompt payment and retainage act claims, contractor termination, and payment and performance surety bond claims and recoveries.
Representative Dispute Resolution Matters
- Represented payment and performance bond surety company with the resolution of bond principal performance defaults and non-payment claims on public and private construction projects throughout Massachusetts.
- Represented general contractor in connection with its claims for wrongful termination and non-payment against agency overseeing construction of state agency’s capital projects.
- Litigated claim against general contractor on behalf of subcontractor for non-payment and violations of Massachusetts Prompt Payment Act in connection with the construction and renovation of a graduate student housing building.
- Represented international heavy civil construction conglomerate in prosecuting claims against Massachusetts’ public transit agency for cumulative impact, delay, and non-payment claims.
- Defended international heavy civil construction conglomerate against claims by electrical subcontractor for non-payment, delay, and cumulative impact.
- Prosecuted and defended claims on behalf of national homebuilding company in first-party and third-party condominium construction defect litigation.
- Represented homeowners with claim against design professional for breach of contract and malpractice in connection with construction of residential vacation property.
- Assisted university with breach of contract and non-performance claim against general contractor arising out of general contractor’s construction of university’s new science and engineering building.
Contract Procurement and Project Delivery
Ken also advises clients during the construction delivery process, assisting with the drafting and review of all forms of design, construction, and consultant agreements. He has experience preparing, negotiating, and amending the standard suite of industry form agreements (e.g., AIA, DBIA, and ConsensusDocs) and preparing other forms of agreement like EPC agreements, Construction Management agreements, Surety Forms, Guaranteed Maximum Price contracts, Purchase Orders, Master Service Agreements, and other ancillary documents used for, by, and with construction project owners and developers, construction management firms, subcontractors, design professionals, and material suppliers.
Representative Contract Procurement and Project Delivery Matters
- Represented regional healthcare and hospital provider in negotiations of AIA A101, A102, A104, A133, B101, and B121 Construction and Design Agreements for multi-million-dollar ground-up construction and renovation of new or existing healthcare facilities.
- Counseled international heavy civil construction conglomerate in connection with on-going review of RFP and Contract Documents issued by local, state, and Federal governments for use by client’s general counsel’s office to determine whether to bid on such projects.
- Assisted real estate development firms with preparation and negotiation of all construction and design agreements for construction and renovation of buildings in Boston, Massachusetts and New York, New York for both commercial and residential purposes.
- Represented owner of national chain of veterinarian clinics with drafting and negotiating standalone construction agreements and with development of customized form construction agreements for use in construction across client’s national real estate portfolio.
- Counseled material supplier with preparation, drafting, and negotiation of purchase orders, supply agreements, joint check agreements, and partial-and-final lien waivers for public and private construction projects throughout New England and New York State.