Contractor/Construction Disputes

  • In June of 2017, defended a homeowner in a claim made by a painting company seeking payment for services rendered. The painting company had completed its work in a substandard manner, and as a result the homeowner refused to pay for that work.  The homeowner then hired another painting contractor to complete and correct the substandard work of the first painting contractor.  The first painting contractor filed suit, claimed his work was perfect, and refused to negotiate the bill.  The Court entered a judgment for the painting contractor, but the amount sought was heavily reduced to account for the homeowner’s cost in hiring the second painter to correct the work.  Michael d/b/a JM Painting v. Laliberte, Concord District Court, 1747SC000217.
  • In May of 2017, successfully represented a local contractor in recovering money due and owing for services rendered on a commercial project. On-Time Construction Services, Inc. v. Construction Coordinators, Inc., Middlesex Superior Court, 1681CV00816. 
  • In May of 2017, defended a local general contractor against a claim made by a supplier for money owed, including late fees and 1.5% interest compounded monthly. The parties resolved the dispute once it was determined that the supplier had erred in not adjusting its invoice after it delivered incorrectly measured windows.  National Lumber Company v. Senate Construction Corp., Dedham District Court, 1657Cv00333 (Pomarole, J.)
  • In March of 2017, defended a commercial property owner against claims made by an elevator service company for an alleged balance due after the service company brought suit and served process. The property owner contested the service provider’s invoices on the basis of double billing and/or overcharging.  The parties reached a settlement before the property owner was due to file an answer and assert counterclaims.  BBE Corporation d/b/a Buckley Elevator v. Exchange Hall, LLC, Salem District Court, 1736CV000035.
  • In March of 2017, negotiated a settlement with the Office of the Attorney General on behalf of a contractor who had been cited and fined for allegedly (1) failing to properly comply with the laws regarding payment of prevailing wages for work performed on public works projects and (2) failing to submit true and accurate certified payroll records. Confidential
  • In February of 2017, obtained a substantial recovery on behalf of a subcontractor who was not paid for labor and services provided after placing a statutory mechanic’s lien on a project known as Malden Storage. Baystate Engineering Corp. v. BRT Management, LLC, Middlesex Superior Court.
  • In February of 2017, settled a case on behalf of a local electrical contractor who was not paid in full for services rendered. Suit was filed and the matter was resolved shortly thereafter to the satisfaction of both parties.  Argento Electric, LLC. v. Seal Harbor, LLC, Ayer District Court, C.A. No. 1648CV00124 (Cremens, J.)
  • In December of 2016, negotiated a settlement on behalf of a Connecticut sandblasting company who had been hired as a replacement sandblasting vendor on a project in Easthampton, MA. The general contractor had agreed to pay the replacement sandblaster a certain price per square foot of sandblasted area.  The sandblasting company invoiced the general contractor but was only paid approximately 25% of the total due.  The sandblaster commenced suit in Essex Superior Court.  Just before trial was scheduled to begin, the parties mediated the matter to a resolution.  There was a difference of opinion as to the amount of square footage sandblasted as well as a dispute over back charges and administrative fees levied against the sandblaster.  Maher Industries, LLC v. James J. Welch & Co., Inc. et al., Essex Superior Court, C.A. No. 1577CV00173.
  • 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 on behalf of a subcontractor after placing a statutory mechanic’s lien on 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 did pay 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 (Cremens, J.)
  • 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, successfully defeated a Motion to Dismiss filed by a defendant framing subcontractor against a plaintiff homeowner who claimed that said framing subcontractor’s work had deviated in several substantial ways from the original design specification of the architect. The defendant brought the motion on the basis that the homeowner did not have privity of contract with the subcontractor; only the general contractor did.  The Court ruled that the 93A claim raised by the plaintiff homeowner survives as “Ch. 142A grants a cause of action to “any party” to enforce or seek damages under any provision of the chapter”.  Petruzziello v. Ares Strutures, LLC & Another, Middlesex Superior Court, MICV2008-03915 (Billings, 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.).