Murtha Means More

Construction

Contact: Michael J. Donnelly

Contact: Andrew G. Wailgum, Chair

For more than 60 years, Murtha Cullina has been recognized as a legal leader in the construction industry. Murtha’s clients reflect a broad cross-section of companies and individuals who play significant roles in ensuring a project’s success. They include:

•    Public and private owners
•    Developers
•    Lenders
•    General contractors
•    Construction managers
•    Architects
•    Engineers
•    Subcontractors
•    Material suppliers
•    Condominium associations

Clients rely on the practice’s deep industry knowledge, collaborative approach and unwavering focus on their needs when difficult issues arise. But most importantly, they appreciate how Murtha’s construction lawyers offer creative ways to arrive at solutions — and do so in an efficient, economical manner. When complex matters cross traditional practice lines, we seamlessly draw on the talents of other Murtha colleagues with extensive experience in areas such as labor and employment, financing, mergers and acquisitions, corporate law or other legal disciplines. 

Murtha’s construction team provides a full range of legal services that encompass virtually all phases of the construction process:

•    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, arbitration and litigation
•    Final project closeout

The depth of experience our Construction Group brings to the table is underscored by the wide range of projects our clients have undertaken. We have provided legal counsel on public and private endeavors in both the U.S. and in other countries around the world. Included among these projects are:
  
•    Commercial 
•    Residential
•    Recreational (stadiums and arenas)
•    Military
•    Educational
•    Health care
•    Retail
•    Heavy construction
•    Infrastructure
•    Historic
•    Manufacturing
•    Hotel
•    Airport

We understand the challenges our clients face every day: the rising cost of materials; the uncertainty of availability due to supply chain issues; recruiting and maintaining talent; and managing risk. By staying abreast of these issues, and helping clients take proactive actions to mitigate threats, we strive to serve as trusted partners who are vested in their success. Our ability to keep on top of the latest trends is enhanced by our active participation in numerous trade groups, such as the Associated General Contractors of Massachusetts, Professional Women in Construction, the Connecticut Construction Industries Association and the American Bar Association’s Forum on Construction Law. Our lawyers regularly share their insights on industry developments and regulations through speaking engagements, panel discussions and articles. Murtha’s stature within the legal community is also demonstrated by the fact our lawyers are frequently asked to serve as arbitrators, mediators and masters in complex construction disputes. 


Expand the topics below to learn more about the capabilities and services offered by Murtha’s Construction Group.

+ Drafting and Negotiating Bid and Contract Documents
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 a project’s bid package. Our lawyers are skilled in the risk allocation process, a crucial element of every agreement. 

+ Project Administration Assistance
Our construction team’s experience is an invaluable component during the actual building process. We frequently 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, planning and taking steps to resolve issues, and preserving claims or defenses. We are well-versed on 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. 

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

+ Litigation/Alternative Dispute Resolution
Our lawyers prepare and try cases in the federal district courts, state trial courts and other administrative bodies. We are well-equipped to handle any appeals that may result from such trials. 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 U.S. and international construction claims. We also serve as arbitrators, mediators and masters in complex construction disputes, providing us with a unique insight into the decision-maker’s perspective. 

+ Surety Law
Our lawyers recognize the importance of bonds in the construction industry. We advise owners and contractors on bid, payment, performance and mechanic’s lien bond issue. We also advise and assist our clients in their relationships with surety companies. In addition, we have extensive experience with surety company indemnity agreements, including defending claims brought under these agreements. 

+ Complex Case Management
All construction projects are complex, regardless of the project’s dollar value. 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 can employ early case assessment and budgeting techniques to assist clients in managing and controlling litigation expenses. 

+ Condominium Association Representation
Murtha’s Construction Group includes lawyers with experience in condominium association construction disputes, defective work, negligence and Chapter 93A violations. Our experience includes representing developers and condominium associations in cases against their general contractors, developers and affiliated management companies. Because of our team’s experience in defending contractors, we are better equipped to prosecute and defend all types of claims involving condominium construction. 

Representative Matters

  • 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.
  • 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.
  • 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.
  • Drafting of subcontract and other forms for numerous Contractor clients.
  • Drafting of form of contract documents for a major commercial developer.
  • Represented Developer in negotiation of Architect and Construction Management Agreements for $200+ million laboratory buildings nationwide.
  • 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 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 bridge and road contractor in public bid disputes, contract negotiations, claims, and arbitration, mediation, and litigation of disputes.
  • Representing a manufacturer of roofing materials in contract drafting and interpretation, claims preparation and perfection, and in mediation, arbitration, and litigation of disputes.
Description

Contact: Michael J. Donnelly

Contact: Andrew G. Wailgum, Chair

For more than 60 years, Murtha Cullina has been recognized as a legal leader in the construction industry. Murtha’s clients reflect a broad cross-section of companies and individuals who play significant roles in ensuring a project’s success. They include:

•    Public and private owners
•    Developers
•    Lenders
•    General contractors
•    Construction managers
•    Architects
•    Engineers
•    Subcontractors
•    Material suppliers
•    Condominium associations

Clients rely on the practice’s deep industry knowledge, collaborative approach and unwavering focus on their needs when difficult issues arise. But most importantly, they appreciate how Murtha’s construction lawyers offer creative ways to arrive at solutions — and do so in an efficient, economical manner. When complex matters cross traditional practice lines, we seamlessly draw on the talents of other Murtha colleagues with extensive experience in areas such as labor and employment, financing, mergers and acquisitions, corporate law or other legal disciplines. 

Murtha’s construction team provides a full range of legal services that encompass virtually all phases of the construction process:

•    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, arbitration and litigation
•    Final project closeout

The depth of experience our Construction Group brings to the table is underscored by the wide range of projects our clients have undertaken. We have provided legal counsel on public and private endeavors in both the U.S. and in other countries around the world. Included among these projects are:
  
•    Commercial 
•    Residential
•    Recreational (stadiums and arenas)
•    Military
•    Educational
•    Health care
•    Retail
•    Heavy construction
•    Infrastructure
•    Historic
•    Manufacturing
•    Hotel
•    Airport

We understand the challenges our clients face every day: the rising cost of materials; the uncertainty of availability due to supply chain issues; recruiting and maintaining talent; and managing risk. By staying abreast of these issues, and helping clients take proactive actions to mitigate threats, we strive to serve as trusted partners who are vested in their success. Our ability to keep on top of the latest trends is enhanced by our active participation in numerous trade groups, such as the Associated General Contractors of Massachusetts, Professional Women in Construction, the Connecticut Construction Industries Association and the American Bar Association’s Forum on Construction Law. Our lawyers regularly share their insights on industry developments and regulations through speaking engagements, panel discussions and articles. Murtha’s stature within the legal community is also demonstrated by the fact our lawyers are frequently asked to serve as arbitrators, mediators and masters in complex construction disputes. 


Expand the topics below to learn more about the capabilities and services offered by Murtha’s Construction Group.

+ Drafting and Negotiating Bid and Contract Documents
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 a project’s bid package. Our lawyers are skilled in the risk allocation process, a crucial element of every agreement. 

+ Project Administration Assistance
Our construction team’s experience is an invaluable component during the actual building process. We frequently 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, planning and taking steps to resolve issues, and preserving claims or defenses. We are well-versed on 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. 

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

+ Litigation/Alternative Dispute Resolution
Our lawyers prepare and try cases in the federal district courts, state trial courts and other administrative bodies. We are well-equipped to handle any appeals that may result from such trials. 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 U.S. and international construction claims. We also serve as arbitrators, mediators and masters in complex construction disputes, providing us with a unique insight into the decision-maker’s perspective. 

+ Surety Law
Our lawyers recognize the importance of bonds in the construction industry. We advise owners and contractors on bid, payment, performance and mechanic’s lien bond issue. We also advise and assist our clients in their relationships with surety companies. In addition, we have extensive experience with surety company indemnity agreements, including defending claims brought under these agreements. 

+ Complex Case Management
All construction projects are complex, regardless of the project’s dollar value. 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 can employ early case assessment and budgeting techniques to assist clients in managing and controlling litigation expenses. 

+ Condominium Association Representation
Murtha’s Construction Group includes lawyers with experience in condominium association construction disputes, defective work, negligence and Chapter 93A violations. Our experience includes representing developers and condominium associations in cases against their general contractors, developers and affiliated management companies. Because of our team’s experience in defending contractors, we are better equipped to prosecute and defend all types of claims involving condominium construction. 

Representative Matters

  • 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.
  • 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.
  • 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.
  • Drafting of subcontract and other forms for numerous Contractor clients.
  • Drafting of form of contract documents for a major commercial developer.
  • Represented Developer in negotiation of Architect and Construction Management Agreements for $200+ million laboratory buildings nationwide.
  • 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 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 bridge and road contractor in public bid disputes, contract negotiations, claims, and arbitration, mediation, and litigation of disputes.
  • Representing a manufacturer of roofing materials in contract drafting and interpretation, claims preparation and perfection, and in mediation, arbitration, and litigation of disputes.
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