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Construction Litigation

Why Nutter for Construction Litigation

Our team of trial lawyers has represented many clients in trials and arbitration proceedings related to complex construction disputes, obtaining a significant number of substantial awards for business plaintiffs and defeating numerous claims for defendants. Furthermore, Nutter has often obtained these victories for clients when matched up against some of the biggest firms in the country and some of the most reputable trial lawyers.

Our construction litigation work has included matters involving industrial facilities, retail commercial facilities, high-tech and biotech facilities, and power plants of all kinds around the country. We have demonstrated the ability to try cases successfully in many different jurisdictions involving many different kinds of construction projects and issues.

Clients also like the fact that we live for the high-wire act of going to trial when necessary to vindicate their rights. From the date of our founding and the days when Justice Louis D. Brandeis was still a trial lawyer at Nutter, we have taken great pride in training and developing generations of trial lawyers. We have in-house mock trial and moot court programs, and we conduct our own “nuts and bolts” seminars on how to try cases. Our team is constantly striving to assess, analyze and improve its performance.

As a result, we are prepared to disentangle even the most complex cases, and to present the best possible arguments to a judge or jury in a way that is both simple and compelling. Our aggressive approach of preparing cases to be won at trial has resulted in many favorable verdicts, as well as many favorable pre-trial judgments or dismissals, and many settlements as well. But we also know that trying a case is not wise when the facts and the law are unfavorable. So we will give candid advice about the prospects for success and the pursuit of other options from the outset of an engagement, even if that will result in a significant loss of work for us. It is simply not in our culture to do otherwise.

Clients also choose Nutter for our emphasis on delivering value, as well as results. We can prepare a case to be won within the client’s budget. We do not overstaff cases, and we commit significant partner level attention to each and every matter for the sake of efficiency and results. Our unleveraged partner to associate ratio also results in superior associate training and satisfaction (as ranked in nationwide surveys) which means that clients will not have a revolving door of associate lawyers assigned to their cases.

It is not unusual to find that advocates for our opponents or co-defendants have out-billed us on litigation matter by a factor of 100 percent when proof of attorney’s fees has been at issue.

This is, in part, a function of our emphasis on being both efficient and effective with technology as well. Nutter has a sub-practice group that is largely dedicated to mastering both the technology and the law of electronic discovery, which represents the fastest growing budget item in large and complex cases. In short, we are prepared for victory, but focused on value, and we always put the client first.

Our Team

Among the lawyers who possess construction litigation experience at Nutter are those who: 

  • Have been named to the peer-reviewed “Best Lawyers in America” list; 
  • Have been selected as “leaders in their field” by Chambers USA; 
  • Have been named as Massachusetts Super Lawyers and “Rising Stars” by Boston Magazine
  • Have repeatedly won multi-million dollar jury verdicts and/or arbitration awards; 
  • Have published authoritative works pertinent to litigation and served as panelists or presenters at continuing legal education seminars.

Nutter has also been listed by Chambers USA among its ranked firms nationwide in general commercial litigation.

Who We Represent

We represent a broad spectrum of clients in construction litigation matters, including: 

  • Companies based in the U.S. and elsewhere that are publicly held; 
  • Family owned or privately held entities; 
  • Governmental entities, such as state agencies and municipalities; 
  • Non-profit entities; 
  • Owners or managers of all kinds of power plants, warehouses, hotels, marinas, and other commercial or industrial facilities; 
  • Professional service firms, such as engineering or design firms; 
  • Public-private partnerships; and 
  • Schools and universities.

Our construction litigation work has acquainted us with projects in a number of industries, including: 

  • Biotechnology and life sciences; 
  • Energy; 
  • E-commerce and the Internet; 
  • Government services; 
  • Health care; 
  • Hospitality; 
  • Housing; 
  • Industrial materials; 
  • Manufacturing; 
  • Public transportation; 
  • Public utilities; 
  • Real estate and construction; and 
  • Retailing.

What We Do

Our construction litigation team has tried cases in the state and federal courts of Massachusetts and numerous other states, and we have argued cases in many different appellate forums. We have appeared in various forums for arbitration, mediation and other kinds of alternative dispute resolution as well.

We have successfully handled, among other things, disputes involving allegations related to: 

  • Cost over-runs; 
  • Deceptive trade practices; 
  • Defective designs; 
  • Defective materials; 
  • Hazardous conditions; 
  • Insurance and indemnity provisions; 
  • Fiber-optic cables; 
  • Power plant failures; 
  • Project delays; 
  • Roof failures; 
  • Sick buildings; 
  • Site conditions; and 
  • Street repairs and ingress/egress.

We are particularly adept at dealing with construction litigation related to power plants, having handled numerous matters involving plants powered by gas, oil, biomass, bio-fuel and various kinds of turbines.

Our clients also regularly seek our help in reviewing, interpreting, negotiating, and procuring specific liability insurance coverages and indemnities related to construction projects and potential construction litigation claims.