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Real Estate and 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. Above all, we 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.

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.

View Practice Team

Representative Matters

Representative Matters

  • Represented Commonwealth of Massachusetts as Special Assistant Attorney General in connection with claims arising from alleged "sick building" status of "Ruggles Center"

    Service as Special Assistant Attorney General representing the Commonwealth of Massachusetts in connection with all claims arising from the alleged “sick building” status of the “Ruggles Center,” the former home of the Massachusetts Registry of Motor Vehicles. These matters involved extensive personal injury and property damage claims arising from alleged illnesses at the building in question, along with a thirty million dollar claim against the Commonwealth for breach of its lease agreements. After several years of litigation, the matters were successfully resolved with a multi-million dollar payment to the Commonwealth.

  • Successfully obtained denial of millions of dollars in claims on behalf of paper mill owner

    Acted as defense counsel for owner of paper mill who was sued by a general contractor seeking reimbursement for cost over-runs, successfully obtaining denial of millions of dollars in claims.

  • Obtained dismissal of multiple claims prior to trial as counsel for construction manager and engineer in connection with power plant project

    Acted as counsel for construction manager and engineer who were sued for various claims in connection with a power plant project in England. Obtained dismissal of multiple claims prior to trial, which led to favorable settlement of remaining claims later.

  • Obtained favorable rulings on liability in a bifurcated case, which led to the contractor settling on the damage claims

    Acted as counsel to higher education facility in suit against contractor for negligence and other causes of action after a dormitory roof blew off in a storm. Obtained favorable rulings on liability in a bifurcated case, which led to the contractor settling on the damage claims.

News & Insights




Nutter’s eDiscovery team is comprised of knowledgeable and seasoned litigation attorneys working in concert with our litigation technology professionals. Nutter is focused on providing creative, agile, and cost effective eDiscovery solutions to our clients starting from preservation at the initial anticipation of litigation through production, retention, and, ultimately, destruction.

Our Team
Our multidisciplinary team understands the ever-expanding universe of data and the technical, legal, and financial challenges it presents. Nutter has a deep bench of litigation attorneys with extensive experience handling complex eDiscovery matters. Nutter’s litigators draw on the substantial technical expertise from the firm’s technology professionals, including multiple Certified E-Discovery Specialists (CEDS) with the Association of Certified E-Discovery Specialists (ACEDS).

What We Do
Our experienced litigation technology professionals can handle Electronically Stored Information (“ESI”) internally from collection to production through our advanced technology platforms, or work with our vendors and our clients to craft a tailored approached to ESI management. We have extensive experience in managing all aspects of the eDiscovery process, including identification, preservation, collection, review and analysis, and production. Our data hosting infrastructure provides secure access to clients and external parties at a cost significantly below vendor market rates.

The Nutter team, led by Seth Berman, leverages its experience with a wide array of workflows and advanced technology, including technology-assisted review, to maximize efficiency in the document review process with strategies that are defensible in court. We design meticulous quality control procedures when managing a team of expertly trained contract lawyers and advanced forensic data analysis firms, to ensure an effective and efficient process.

Nutter approaches each new eDiscovery challenge with practical and defensible processes to ensure a streamlined and cost-effective outcome.


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