are building, developing, or managing a construction project, the team of
dedicated professionals in Prince Lobel’s Construction Law Practice Group can help make your project successful. Our industry-focused team has extensive
experience in a wide range of both vertical and horizontal construction and
development projects, and we are known for our pragmatic, results-oriented approach.
Wherever you find us – conference room, construction site, or courtroom – you’ll
find a team of lawyers that is recognized as the most responsive and
cost-effective in the business.
drafting and negotiating intricate project agreements and contracts, providing
advice regarding dispute avoidance, offering guidance on day-to-day legal
issues that arise on every project, or handling complex multiparty construction
claim disputes and litigation, Prince Lobel’s Construction Law Practice Group
possesses the legal talent, skills, and hands-on project experience to exceed your expectations while
protecting and maximizing your interests.
construction lawyers offer considerable legal experience in the following
- Accessibility Issues
- Aging Infrastructure Projects
Drafting and Negotiation
and Disruption Claims
(State and Federal Courts)
- Prequalification Issues
To learn more about our
experience in the construction industry, please contact Group Chair Hugh J.
Gorman, III at hgorman@PrinceLobel.com
or 617 456 8093
Developers/Owners/Colleges and Universities
- Drafted and
negotiated AIA agreements for
architects, engineers, and contractors on behalf of the owner for a new art
- 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
- 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
- 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
- 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.
dismissal of $1.5 million in claims against a general contractor for a $26
million residential development in Leicester, Massachusetts.
and prosecuted claims for a major general contractor on road and bridge
projects related to extra work and delays.
a general contractor against claims from subcontractors on $4 million
Massachusetts Department of Conservations and Recreation project.
a general contractor against subcontractor claims related to the $4.5 million
emergency repair of a public school.
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.
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.
favorable resolutions for owners with HVAC, water infiltration, mold, fire
safety, bridge bearing, and paving disputes.
multimillion-dollar design and construction settlement for defects in a new
luxury residential property in downtown Boston.
resolved acoustical claims and the implementation of remediation of acoustic
deficiencies at a condominium project.
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.
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
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.
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.
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.
a surety in prosecuting delay and productivity claims from a $61 million power
- Represented surety and obtained judgments against defaulting indemnitor.
- Represented surety in negotiations to replace defaulting principal with performing contractor to complete various projects.