Contractor/Construction Disputes

  • In October of 2016, obtained a recovery on behalf of a design and build contractor who had provided services to a Townsend resident on a residential remodeling project but was not paid for those services. Elite Construction & Design, Inc. v.  Gini L. King, Ayer District Court, Civil Action No. 1548CV00210 (Cremens, J.).
  • In September of 2016, obtained full payment for a subcontractor after liening a project known as the Milford Regional Medical Center. Baystate Engineering Corp. v. Consigli Construction, Worcester Superior Court.
  • In August of 2016, defended a local general contractor accused of not paying for materials ordered. The contractor has paid in full and the matter was dismissed.  NAC v. Senate Construction, Lowell District Court, Civil Action No. 1611CV0495.
  • In March of 2016, secured an execution against a general contractor who failed to pay its subcontractor. The judgment was for the full amount owed, plus interest, costs and attorney fees incurred in pursuit of collection.  On-Time Construction Services, Inc. v. The Vaughan Company, Framingham District Court, Civil Action No. 1549CV00544.
  • In March of 2016, obtained a favorable settlement on behalf of a design and build contractor who had provided services to a restaurant near Fenway Park but was not paid for those services. The defendant made payment voluntarily prior to trial, as the contractor was able to convince it that it had no viable defense.  Elite Construction & Design, Inc. v.  Boston Street Bar & Restaurant Group, LLC, Fitchburg District Court, Civil Action No. 1616CV00006.
  • In February of 2016, successfully represented a local contractor in securing $35,000.00 due and owing for services rendered on a commercial painting project. On-Time Construction Services, Inc. v. KBS, Middlesex Superior Court, 1481CV08693.
  • In December of 2015, assisted in resolving a dispute between contractors over payment and services rendered claimed to exceed $50,000. The matter settled before litigation costs escalated.  William McKay Construction v. Rae Street Development, LLC, Essex Superior Court, Civil Action No. 1577CV01563.
  • In November of 2015, obtained a judgment against a contractor who failed to pay a local mechanical company. The judgment was for the full amount owed, plus interest, costs and attorney fees incurred in pursuit of collection.  Muirfield Mechanical Services, LLC v. Murray Bros. Construction, Inc., Ayer District Court, Civil Action No. 1548CV00161.
  • In October of 2015, secured an execution in excess of $640,000.00 following the entry of Final Judgment in a contract action on behalf of a national corporation in the asbestos remediation industry. The Superior Court entered the Final Judgment after the Appeals Court affirmed the underlying judgment.  LVI Environmental Services, Inc. v. Commonwealth Tank, Inc., Essex Superior Court (Lawrence), 1077CV00089 (Fabricant, J.); Appeals Court, 2014-P-1240.
  • In September of 2015, obtained a judgment of $160,000.00, including interest, on behalf of a local design and build contractor for services rendered but not paid for. Elite Construction & Design had been hired by a homeowner to renovate a home located in Ipswich, MA.  Elite was not paid for services rendered after all work was completed to the homeowner’s satisfaction.  In pursuing its rights, Elite recorded and perfected a mechanic’s lien pursuant to Mass.Gen.L. c. 254. Elite Construction & Design, Inc. v. Rees, Essex Superior Court, 1577CV00771 (Fahey, J.)
  • In August of 2015, successfully represented a local subcontractor in securing payment due and owing for services rendered on multiple projects. Each of the claims resolved before the discovery phase of litigation.  On-Time Construction Services, Inc. v. Caliber Contracting, Inc., Middlesex Superior Court, 1481CV08693.
  • In July of 2015, obtained a defense verdict for a landscaping contractor following a short trial in the Concord District Court. The plaintiff homeowner claimed that the landscaper failed to eradicate a certain invasive species of plant and that he destroyed her prized flower garden in his efforts.  At trial, the Plaintiff was unable to sufficiently prove liability, causation or reasonably related damages, resulting in a defense verdict.  Chefitz v. JES Landscaping, Concord District Court, Docket No. 1447CV00727.
  • In January of 2015, on the eve of trial, successfully persuaded a Plaintiff commercial property owner that it would not be successful in its $200,000.00 claim against the Defendant demolition company for allegedly causing a spread of asbestos containing materials and the resulting contamination at a demolition job site in Boston. Moreover, the Plaintiff agreed to make payment to the Defendant contractor on the counterclaim for services rendered and not paid for.  Washington Street Boston, L.P. v. Rappa, Middlesex Superior Court, MICV2013-00173.
  • In September of 2014, obtained a substantial recovery on behalf of a local design and build contractor for services rendered but not paid for. Elite Construction & Design had been hired by a general contractor on behalf of the homeowners of a vintage turn-of-the-century home located in Harvard, MA to conduct interior demolition and renovation.  Elite was not paid for services rendered after all work was completed to the general contractor’s satisfaction.  Elite subsequently recorded and perfected a mechanic’s lien pursuant to Mass.Gen.L. c. 254.  Contributing to the resolution was the fact that the general contractor for the project had been employed by the homeowners’ retail franchise business for years, but had let his Construction Supervisor and Home Improvement Contractor licenses lapse. Moreover, the Town of Harvard Building Commissioner did not believe that Elite’s workmanship was in any way defective.  The defendants made a confidential payment to Elite before an Answer to Elite’s Complaint came due.  Elite Construction & Design, Inc. v. (Confidential), Worcester Superior Court, WOCV2014-00375.
  • In July of 2014, obtained a favorable settlement on behalf of a local landscaper who had provided snow plowing services to a large medical complex during the prior winter but was not paid for those services. The defendant made payment voluntarily prior to trial, as D.P. Lenox was able to convince it that it had no viable defense.  P. Lenox Landscaping, Inc. v. Riverside Properties, LLC, Ayer District Court.
  • In May of 2014, received a favorable decision from the State Building Code Appeals Board on behalf of a contractor whose building permit was challenged by a disgruntled abutter to a project the contractor was working on in Wareham, MA. DeMarco v. Wareham Building Department and Peter Andrews, State Building Code Appeals Board, Docket No. 13-1322.
  • In February of 2014, following trial, obtained a Judgment for Plaintiff for a homeowner who was damaged by a plumbing contractor’s defective installation of an HVAC duct system. The homeowner recovered the maximum amount possible on the underlying claim.  Moreover, successfully defeated the plumbing contractor’s counterclaims and third-party claims, which were subject to judgments for dismissal in favor of the Plaintiff homeowner.  The defendant has appealed the decision. Gordon v. Cyr d/b/a A&L Plumbing, Natick District Court (DeLuca).
  • In December of 2013, obtained a Judgment for a general contractor who had conducted substantial work in rehabilitating a home after it had sustained fire damage but was not voluntarily paid. Elite Construction & Design Inc. v. Doucette, Middlesex Superior Court (Woburn), MICV2013-04327 (Walker, J.).
  • In November of 2013, obtained a favorable verdict following a week long jury trial for a national corporation in the asbestos remediation industry. The jury awarded over $500,000.00, which represented the balance due and interest in a breach of contract action.  LVI Environmental Services, Inc. v. Commonwealth Tank, Inc., Essex Superior Court (Lawrence) ESCV2010-00089 (Lang, J.).
  • In May of 2013, obtained a Judgment on behalf of an asbestos remediation company, including the recovery of attorney fees incurred, in excess of $100,000.00 for services rendered but not paid for. LVI Environmental Services, Inc. v. J-MAAC, LLC, Suffolk Superior Court, SUCV2012-01368 (Gordon, J.).
  • In July of 2012, successfully represented a local contractor in recovering a substantial amount of money not paid by a General Contractor for work done. Baystate Engineering Corp. v. James J. Welch & Co., Inc., Middlesex Superior Court, MICV2011-04383.
  • In May of 2012, recovered a substantial balance due to a home improvement contractor who was not paid for work completed from a Carlisle home owner. Cedar Builders v. Gullotti, Middlesex Superior Court, MICV2011-04382.
  • In May of 2012, represented a local supplier with the enforcement of a mechanic’s lien that resulted in payment in full. J. Rose Flooring, Inc. v. Metric Construction, Suffolk Superior Court, SUCV2012-01949.
  • In November of 2011, successfully represented a national environmental emergency response company in recovering a substantial balance due from a large energy contractor for the City of Boston. The case settled shortly after discovery was completed. LVI Environmental Services, Inc. v. Trigen Boston (Veolia), Middlesex Superior Court, MICV2010-01145. 
  • In November of 2010, obtained a defense verdict for a contractor in a case brought by an equipment leasing company that alleged that its leased machine was substantially damaged by the contractor. The evidence overwhelmingly proved otherwise.  M. Cook Co., Inc. v. Baystate Engineering Corp., Marlboro District Court (Singer, J.).
  • In September of 2010, successfully defended a homeowner against a modular home contractor in a payment dispute, proving the contractor committed shoddy construction practices and was therefore not entitled to payment. The case settled favorably in the midst of discovery.  Dante Builders, Inc. v. Walsh, Middlesex Superior Court, MICV2009-04680. 
  • In January of 2010, secured a Judgment, which included the recovery of attorney fees, in excess of $100,000.00 on behalf of an excavation contractor not paid for work conducted and/or services rendered on a landfill capping project. L. French Excavating Corp. v. BATG Environmental, Inc., Middlesex Superior Court, MICV2009-03028 (Walker, J.).
  • In June of 2009, obtained a judgment for an excavation contractor in excess of $60,000.00 that included the recovery of the contract balance due, costs and attorney fees. L. French Excavating Corp. v. Nessralla Enterprises, Inc., Middlesex Superior Court, MICV2008-02203 (Kenton-Walker, J.).
  • In May of 2009, successfully defended the homeowners in a jury trial who were sued by a design-build firm that made a claim based on an alleged failure to pay for services rendered. Successfully countersued the firm for overcharging the homeowners.  The Backyard Collaborative v. Lodi, Lowell District Court (McGuiness, J.).
  • In November of 2008, successfully defended a flooring subcontractor on a counterclaim made by a homeowner before a jury for claims for defective workmanship. The homeowner had failed to pay the subcontractor in full, and upon being sued for the same claimed defective workmanship with damages in excess of $100,000.00.  Also succeeded in obtaining a Judgment against the homeowner for payment due for services rendered.  The trial lasted four days.  J. Rose Flooring, Inc. v. Floramo, Salem District Court (Cornetta, J.).