Murtha Means More

Construction


Contact: Michael J. Donnelly

Contact: Andrew G. Wailgum, Chair

For more than 60 years Murtha Cullina LLP has been recognized as a legal leader in the construction industry, successfully representing public and private owners, developers, lenders, general contractors, construction managers, architects, engineers, subcontractors, and material suppliers in all aspects of construction law. Our lawyers are experienced in all phases of the construction process, including development of initial project concepts, land acquisition and permitting, financing, contract negotiation, preparation of bid and contract documents, bid protests, construction administration, claims preparation, negotiation, mediation and/or litigation and final project closeout. Our experience reaches virtually every type of construction project: commercial, residential, recreational (stadiums and arenas), military, educational, health care, retail, heavy construction, infrastructure, historic, manufacturing, hotel, airport, domestic, international, public and private.

Our lawyers bring to the practice years of practical knowledge and actual experience in the construction industry. We are active members of industry trade groups such as National Association of Industrial and Office Properties, Associated General Contractors of Massachusetts and Connecticut Construction Industries Association and are frequently asked to lecture and present programs to industry professionals and other lawyers. In addition to representing clients, a number of our lawyers serve as arbitrators, mediators and masters in complex construction disputes. We know the construction process and use this knowledge to develop strategies and approaches to deliver the highest level of legal services in a cost effective manner.

We prepare and negotiate all forms of complex design and construction agreements, including lump sum, cost plus, design-build and fast track contracts. Often these contract documents are included in the bid package for projects. Our lawyers are knowledgeable and experienced in the risk allocation process, a crucial element of every agreement.

Because of our experience, we can offer valuable assistance during the actual building process. Often we will conduct seminars for our clients highlighting important contractual and statutory provisions and procedures. Throughout the term of the project we assist clients by analyzing and interpreting contracts and by planning and taking steps to resolve issues or to preserve claims or defenses. We are familiar with insurance issues and programs, including the Owner Controlled Insurance Program and the Contractor Controlled Insurance Program. We have the experience to handle construction insurance disputes in the event an insurer declines coverage and/or defense, or issues a reservation of rights letter. We also assist our clients in the myriad of issues involving mechanic's lien rights.

A significant portion of our practice involves the preparation and presentation, as well as defense, of complex construction claims. Our lawyers have extensive experience with claims involving changes, unanticipated subsurface conditions, defective work, delay, suspension, interference, acceleration, defective design documents, damages and other claim issues.

Our lawyers successfully prepare and try cases in the federal district courts, state trial courts, Court of Federal Claims, Armed Services Board of Contract Appeals and other administrative bodies, and we are equipped to handle any appeals that may result from such trials. Also, we have been in the forefront of alternate dispute resolution, including arbitration, mediation, dispute resolution boards, mini-trials, partnering and settlement negotiations for all types of construction claims including international claims. In addition to representing clients, a number of our lawyers serve as arbitrators, mediators and masters in complex construction disputes, providing us with a unique insight into the decision-maker's perspective.

Our lawyers know the importance of bonds to the construction industry. We advise owners, contractors and sureties on bid, payment, performance and mechanic's lien bond issues. We also advise and assist our clients in their relationship with surety companies. We have extensive experience in negotiating indemnity agreements with surety companies and defending claims brought under these agreements.

We have hands-on experience in administering the completion of troubled projects. This experience includes preparation of completion bid packages, overseeing the award of contracts, monitoring and arranging for supervision of the completion of the work and termination and default claims.

All construction projects are complex, regardless of the dollar value of the particular project. In order to deliver cost effective legal services, we have developed methods for document and information organization so that data can be retrieved quickly and efficiently. Our lawyers also can employ early case assessment and budgeting techniques to assist clients in managing and controlling litigation costs and expenses.

Our Construction Law Group also includes attorneys with experience representing condominium associations in connection with construction disputes, defective work, negligence, and Chapter 93A violations. Representative cases include recent suits by Massachusetts condominium associations against their general contractors, developers and their affiliated management companies, which resulted in favorable settlements. We have represented condominium associations seeking to recover for both exterior and interior work, including building envelope issues, decks, insulation, underground waterproofing and landscaping, soundproofing, windows, doors, plumbing and the like. Our team has many years of experience defending contractors, which makes us better equipped to prosecute and defend all types of claims involving condominium construction.

  • Successfully defeated a $5 million claim asserted by an Owner against a Contractor and obtained a judgment in favor of the Contractor for wrongful termination and unfair business practice which included recovery of attorneys fees.
  • Successfully defended Construction Manager against a $30 million+ claim asserted by an Owner for an allegedly defective estimate.
  • Successfully defended a Contractor against a claim asserted by a subcontractor for wrongful termination and obtained a jury verdict on Contractor's counterclaim against the subcontractor.
  • Represented a Construction Manager in negotiation of a $200 million+ museum renovation and addition at a major New England University.
  • Represented a regional bank in connection with arranging completion of all infrastructure work associated with a 34-home sub-division including roads, drainage, detention basins and utilities after borrower defaulted. Obtained all approvals necessary to acquire a complete release from the town and to have the roadways accepted as public ways.
  • Brought claims on behalf of condominium associations against developers, contractors, and condominium management companies for construction defects and successfully overcame statute of limitations and economic loss defenses to negotiate settlements in excess of $1.6 million.
  • Obtained jury verdict in favor of Contractor on an environmental claim asserted by an Owner 25+ years after Substantial Completion.
  • Successfully asserted Contractor's mechanic's lien rights against Developer for $2 million in contract balances.
  • Served as special construction counsel to a large non-profit organization in the design and construction of its new $80 million headquarters facility in Massachusetts; drafted and negotiated the design and construction contracts, including a contract with the completing construction manager after the original construction manager defaulted, and advised the organization on claims by subcontractors.
  • Represented Design-Builder in $300+ million NFL Stadium in drafting and negotiating contract documents and successful resolution of all disputes.
  • Represented underwater pipeline installer in successfully asserting mechanic's lien and other payment rights against Owner of undersea pipeline.
  • Successfully represented Contractor in obtaining loan from its surety company to re-capitalize its business.
  • Successfully represented Contractor and its principals in obtaining a release from its surety company with respect to indemnity agreements.
  • Drafting of subcontract and other forms for numerous Contractor clients.
  • Drafting of form of contract documents for a major bio-medical developer.
  • Represented Developer in negotiation of Architect and Construction Management Agreements for major addition to a studio building in New York City.
  • Represented Construction Manager in negotiation of $400+ million Construction Management Agreement in connection with Connecticut casino expansion.
  • Represented Construction Manager in successful negotiation of a termination for convenience of a $200+ million project in Boston, Massachusetts.
  • Represented Construction Manager in negotiation of contracts and counseling for major projects at Logan International Airport, T.F. Green Airport and Nantucket Airport.
  • Represented Construction Manager in negotiation of a $225+ million law school project at a major New England University.
  • Represented Contractor in successful mediation involving resolution of multiple claims in an 8-party dispute involving residential condominiums.
  • Represented a Construction Manager in the negotiation and construction of a $200+ million condominium project in Boston, Massachusetts.
  • Represented Owner in connection with the negotiation and construction of phased renovations to a major Boston hotel.
  • Successfully moved to dismiss lawsuit brought by Subcontractor against Owner for payment and successfully dismissed fraud and consumer protection counts brought against General Contractor.
  • Representing a real estate developer in drafting and negotiating design and construction contracts for residential developments. In addition, representing client in evaluation and negotiation of claims by contractors and construction managers.
  • Representing a prime contractor which specializes in renovation and conversion of historic buildings, in drafting and negotiating contracts, and in disputes with owners, subcontractors and suppliers.
  • Representing a building and road contractor in public bid disputes, contract negotiations, claims, and arbitration, mediation, and litigation of disputes.
  • Representing a manufacturer and installer of building curtain walls in contract interpretation, claims preparation and perfection, and dispute resolution.
  • Representing a manufacturer of roofing materials in contract drafting and interpretation, claims preparation and perfection, and in mediation, arbitration, and litigation of disputes.
  • Representing contractor in a $136 million University expansion project in Connecticut.
Description

Contact: Michael J. Donnelly

Contact: Andrew G. Wailgum, Chair

For more than 60 years Murtha Cullina LLP has been recognized as a legal leader in the construction industry, successfully representing public and private owners, developers, lenders, general contractors, construction managers, architects, engineers, subcontractors, and material suppliers in all aspects of construction law. Our lawyers are experienced in all phases of the construction process, including development of initial project concepts, land acquisition and permitting, financing, contract negotiation, preparation of bid and contract documents, bid protests, construction administration, claims preparation, negotiation, mediation and/or litigation and final project closeout. Our experience reaches virtually every type of construction project: commercial, residential, recreational (stadiums and arenas), military, educational, health care, retail, heavy construction, infrastructure, historic, manufacturing, hotel, airport, domestic, international, public and private.

Our lawyers bring to the practice years of practical knowledge and actual experience in the construction industry. We are active members of industry trade groups such as National Association of Industrial and Office Properties, Associated General Contractors of Massachusetts and Connecticut Construction Industries Association and are frequently asked to lecture and present programs to industry professionals and other lawyers. In addition to representing clients, a number of our lawyers serve as arbitrators, mediators and masters in complex construction disputes. We know the construction process and use this knowledge to develop strategies and approaches to deliver the highest level of legal services in a cost effective manner.

We prepare and negotiate all forms of complex design and construction agreements, including lump sum, cost plus, design-build and fast track contracts. Often these contract documents are included in the bid package for projects. Our lawyers are knowledgeable and experienced in the risk allocation process, a crucial element of every agreement.

Because of our experience, we can offer valuable assistance during the actual building process. Often we will conduct seminars for our clients highlighting important contractual and statutory provisions and procedures. Throughout the term of the project we assist clients by analyzing and interpreting contracts and by planning and taking steps to resolve issues or to preserve claims or defenses. We are familiar with insurance issues and programs, including the Owner Controlled Insurance Program and the Contractor Controlled Insurance Program. We have the experience to handle construction insurance disputes in the event an insurer declines coverage and/or defense, or issues a reservation of rights letter. We also assist our clients in the myriad of issues involving mechanic's lien rights.

A significant portion of our practice involves the preparation and presentation, as well as defense, of complex construction claims. Our lawyers have extensive experience with claims involving changes, unanticipated subsurface conditions, defective work, delay, suspension, interference, acceleration, defective design documents, damages and other claim issues.

Our lawyers successfully prepare and try cases in the federal district courts, state trial courts, Court of Federal Claims, Armed Services Board of Contract Appeals and other administrative bodies, and we are equipped to handle any appeals that may result from such trials. Also, we have been in the forefront of alternate dispute resolution, including arbitration, mediation, dispute resolution boards, mini-trials, partnering and settlement negotiations for all types of construction claims including international claims. In addition to representing clients, a number of our lawyers serve as arbitrators, mediators and masters in complex construction disputes, providing us with a unique insight into the decision-maker's perspective.

Our lawyers know the importance of bonds to the construction industry. We advise owners, contractors and sureties on bid, payment, performance and mechanic's lien bond issues. We also advise and assist our clients in their relationship with surety companies. We have extensive experience in negotiating indemnity agreements with surety companies and defending claims brought under these agreements.

We have hands-on experience in administering the completion of troubled projects. This experience includes preparation of completion bid packages, overseeing the award of contracts, monitoring and arranging for supervision of the completion of the work and termination and default claims.

All construction projects are complex, regardless of the dollar value of the particular project. In order to deliver cost effective legal services, we have developed methods for document and information organization so that data can be retrieved quickly and efficiently. Our lawyers also can employ early case assessment and budgeting techniques to assist clients in managing and controlling litigation costs and expenses.

Our Construction Law Group also includes attorneys with experience representing condominium associations in connection with construction disputes, defective work, negligence, and Chapter 93A violations. Representative cases include recent suits by Massachusetts condominium associations against their general contractors, developers and their affiliated management companies, which resulted in favorable settlements. We have represented condominium associations seeking to recover for both exterior and interior work, including building envelope issues, decks, insulation, underground waterproofing and landscaping, soundproofing, windows, doors, plumbing and the like. Our team has many years of experience defending contractors, which makes us better equipped to prosecute and defend all types of claims involving condominium construction.

  • Successfully defeated a $5 million claim asserted by an Owner against a Contractor and obtained a judgment in favor of the Contractor for wrongful termination and unfair business practice which included recovery of attorneys fees.
  • Successfully defended Construction Manager against a $30 million+ claim asserted by an Owner for an allegedly defective estimate.
  • Successfully defended a Contractor against a claim asserted by a subcontractor for wrongful termination and obtained a jury verdict on Contractor's counterclaim against the subcontractor.
  • Represented a Construction Manager in negotiation of a $200 million+ museum renovation and addition at a major New England University.
  • Represented a regional bank in connection with arranging completion of all infrastructure work associated with a 34-home sub-division including roads, drainage, detention basins and utilities after borrower defaulted. Obtained all approvals necessary to acquire a complete release from the town and to have the roadways accepted as public ways.
  • Brought claims on behalf of condominium associations against developers, contractors, and condominium management companies for construction defects and successfully overcame statute of limitations and economic loss defenses to negotiate settlements in excess of $1.6 million.
  • Obtained jury verdict in favor of Contractor on an environmental claim asserted by an Owner 25+ years after Substantial Completion.
  • Successfully asserted Contractor's mechanic's lien rights against Developer for $2 million in contract balances.
  • Served as special construction counsel to a large non-profit organization in the design and construction of its new $80 million headquarters facility in Massachusetts; drafted and negotiated the design and construction contracts, including a contract with the completing construction manager after the original construction manager defaulted, and advised the organization on claims by subcontractors.
  • Represented Design-Builder in $300+ million NFL Stadium in drafting and negotiating contract documents and successful resolution of all disputes.
  • Represented underwater pipeline installer in successfully asserting mechanic's lien and other payment rights against Owner of undersea pipeline.
  • Successfully represented Contractor in obtaining loan from its surety company to re-capitalize its business.
  • Successfully represented Contractor and its principals in obtaining a release from its surety company with respect to indemnity agreements.
  • Drafting of subcontract and other forms for numerous Contractor clients.
  • Drafting of form of contract documents for a major bio-medical developer.
  • Represented Developer in negotiation of Architect and Construction Management Agreements for major addition to a studio building in New York City.
  • Represented Construction Manager in negotiation of $400+ million Construction Management Agreement in connection with Connecticut casino expansion.
  • Represented Construction Manager in successful negotiation of a termination for convenience of a $200+ million project in Boston, Massachusetts.
  • Represented Construction Manager in negotiation of contracts and counseling for major projects at Logan International Airport, T.F. Green Airport and Nantucket Airport.
  • Represented Construction Manager in negotiation of a $225+ million law school project at a major New England University.
  • Represented Contractor in successful mediation involving resolution of multiple claims in an 8-party dispute involving residential condominiums.
  • Represented a Construction Manager in the negotiation and construction of a $200+ million condominium project in Boston, Massachusetts.
  • Represented Owner in connection with the negotiation and construction of phased renovations to a major Boston hotel.
  • Successfully moved to dismiss lawsuit brought by Subcontractor against Owner for payment and successfully dismissed fraud and consumer protection counts brought against General Contractor.
  • Representing a real estate developer in drafting and negotiating design and construction contracts for residential developments. In addition, representing client in evaluation and negotiation of claims by contractors and construction managers.
  • Representing a prime contractor which specializes in renovation and conversion of historic buildings, in drafting and negotiating contracts, and in disputes with owners, subcontractors and suppliers.
  • Representing a building and road contractor in public bid disputes, contract negotiations, claims, and arbitration, mediation, and litigation of disputes.
  • Representing a manufacturer and installer of building curtain walls in contract interpretation, claims preparation and perfection, and dispute resolution.
  • Representing a manufacturer of roofing materials in contract drafting and interpretation, claims preparation and perfection, and in mediation, arbitration, and litigation of disputes.
  • Representing contractor in a $136 million University expansion project in Connecticut.
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